Senior Reporter
jensen.lavende@guardian.co.tt
Deputy Chief Magistrate Brian Dabideen is expected to rule in December on whether the parallel prosecution by the Occupational Safety and Health Authority (OSH Authority) into the deaths of four divers at Paria Fuel Trading Company’s Pointe-a-Pierre facility in 2022 will continue, following a Privy Council ruling last month.
On September 16, in a landmark judgment, five Law Lords determined that prosecutions under the OSH Act must be filed within six months of an alleged breach coming to the authority’s attention.
The judgment directly affects the ongoing matter, which was called yesterday.
The appeal determined by the Privy Council was between the authority and the University of the West Indies (UWI). It related to a complaint made by the authority over UWI’s alleged delay in informing it of an incident, in which an employee was injured by a cow in March 2016.
While attorneys were discussing disclosure yesterday, Dabideen interjected and addressed the proverbial elephant in the room, calling on the attorneys to comment on the Privy Council ruling.
Special Prosecutor Pamela Elder, SC, who represents the OSH Authority, first mentioned the judgment, stating she received correspondence from an opposing attorney on October 6, which referenced the judgment and its possible impact on the case.
Dabideen agreed that this was the most significant issue to be addressed, adding that all other matters could be dealt with behind the scenes.
“I think that is really where we need to focus with respect to this matter and the way forward. This is a September 16th decision by the Privy Council, and it goes to the heart of the matter. It addressed the issue of litigation, and I want to hear parties on that issue before we do anything material in the matter.”
Dabideen then sought feedback from the attorneys on when they would be able to make submissions.
The outcome of the Privy Council ruling will have a direct effect on the authority’s pending prosecutions against Paria Fuel and Land and Marine Contracting Services Limited (LMCS), as the charges against them were filed outside the limitation period determined by the country’s highest appellate court.
Three of the divers, Kazim Ali Jr, Yusuf Henry, and Fyzal Kurban, were discovered dead on February 28, while Rishi Nagassar’s body was recovered the following day.
A fifth diver, Christopher Boodram, managed to survive the ordeal.
Elder yesterday said she will respond to the letter received by Renuka Rambhajan on or before October 30, which will include the OSH Authority’s position on the case. Defence attorneys are expected to respond on or before November 17. Dabideen will then make a decision on December 12.
“If it is that this case falls within the limitations, then that will be the last date, and if not, we will canvass dates going forward,” Dabideen said.
The OSH charges stemmed from the recommendations coming out of a Commission of Enquiry chaired by King’s Counsel Jerome Lynch.
Lynch recommended Paria be charged for corporate manslaughter while its terminal operations manager, Collin Piper, and LMCS director, Kazim Ali Sr, be charged for OSH Act violations.
The accused face 15 charges arising out of the incident before the Magistrates and Industrial Court.
Before the matter was adjourned, Senior Counsel Sophia Chote, who is representing Paria after taking over from Gilbert Peterson, SC, informed Dabideen that Paria’s general manager was no longer Mushtaq Mohammed.
She said Joanne Sinanan-Singh was now in that position.
Sinanan-Singh, as the representative for Paria, is now named as a defendant along with Piper, while LMCS is represented by its director, Kazim Ali Snr.
LMCS is represented by Dinesh Rambally, Renuka Rambhajan, and Kamini Persaud-Maraj.
