The families of the four LMCS divers will be allowed to give statements before the end of the Commission of Enquiry into the men’s deaths.
Commission chairman, King’s Counsel, Jerome Lynch made the announcement on Wednesday as the commission resumed sittings for the new year.
The four men, Kazim Ali Junior, Fyzal Kurban, Yusuf Henry and Rishi Nagassar, died when they were sucked into a 30-inch Paria Fuel Trading Company Limited pipeline at the company’s Berth 6 in Pointe-a-Pierre.
A fifth diver, Christopher Boodram, was also sucked into the pipeline but he managed to haul himself to safety hours after the accident.
After repeated claims that Paria had caused the men’s deaths by refusing to rescue them, the Government set up a Commission of Enquiry (CoE), headed by Lynch, to investigate.
On Wednesday, Lynch said family members will be allowed to speak about their experiences while they were waiting to hear whether their loved ones would be rescued.
However, he said they will not be allowed to “point fingers” or cast blame on anyone for the accident during their statements.
“I have scheduled in a number of family members who have indicated that they wish to give evidence live… I encourage those who are directly affected by the outcome of this enquiry and those who are the close relatives of the victims of this tragedy to consider giving evidence. I want them to understand that we, the Commission, would regard that as important evidence,” Lynch said.
He said two relatives have already been scheduled to give their statements on January 10.
Lynch said he will not permit any attorneys to cross-examine any of the family members after their statements.
“They should feel completely at ease to say that which they want to say, what weight we give it is a matter for us…I don’t them to feel that they don’t wish to give evidence simply because of the prospect of facing a phalanx of lawyers who might ask a number of questions that they might find difficult to answer,” Lynch added.
He also said the commission will have two extra days of sittings on February 23 and 24.
Lynch said this will accommodate the commissioners being able to view the hyperbaric chamber or habitat which the divers used to conduct underwater works on Paria’s lines.
The chamber had fallen into the sea on the morning of February 27, 2022 when workers were trying to remove it from the pipeline.
Both companies discussed having it removed from the seabed during the enquiry last year and Lynch said he was hopeful it will be done by the end of February.
He said it will be examined on February 23 and February 24 will be designated for the recall of any witnesses requested by either Paria or LMCS only.
He said closing statements will begin on January 11 and continue until January 13, with Paria and LMCS being allowed to give their statements after attorneys for the other parties.
Lynch said the commission’s counsel, Ramesh Lawrence Maharaj SC, will deliver the final closing statement on behalf of the commission.
