Former attorney general Anand Ramlogan, SC, has praised Prime Minister Kamla Persad-Bissessar for offering to get mediators to deal with the issue of compensation for families of the deceased divers and the lone survivor involved in the Paria Fuel diving tragedy.
During Thursday’s post-Cabinet media briefing, Persad-Bissessar said Government was looking into ensuring those involved received the $1 million in compensation which former prime minister Stuart Young had promised just before the General Election.
“We’re looking at it to see how best we can do it, but there’s a bit of a complication which I’d need further advice on from the lawyers for the state, which represents taxpayers,” she said.
Persad-Bissessar said she was under the impression that apart from the $1 million payout, the legal cases would continue for further monies.
“So, I don’t want to run out there without having sufficient knowledge, legal and otherwise, on how best to proceed,” she said, adding Government was looking at having the parties come together before a judicial officer to see if a judicial settlement could be arrived at for the families.
In a release yesterday, Ramlogan, who is representing two of the five divers, said, “The fact that it took a general election campaign for the PNM administration to finally find its conscience and make this offer after some three years of pain and suffering was disgraceful and shameful.”
Ramlogan pointed out that Young was severely criticised by civil society and the victims’ families, as the ex-gratia payout offer was perceived as “playing convenient politics” with the tragedy.
The former AG said, “The government gleefully spent $50 million in legal fees on a Commission of Inquiry that fattened the pockets of its legal friends but did not pay one red cent to the grieving families.
“As expected, Stuart Young’s promise never materialised. The election has come and gone and as prime minister, he refused to pay the $1 million to each family as promised.”
Commending Persad Bissessar for seeing it fit to follow through and deliver on Young’s promise, Ramlogan said, “We also welcome her sensible proposals that the legal claims be amicably resolved via a judicial settlement conference.”
He explained that this was a parallel process to adversarial litigation, whereby a judge acts as a mediator and sits with the parties to facilitate a negotiated resolution that can lead to a settlement of the legal case.
Ramlogan added, “We welcome this excellent initiative because it will save precious judicial time and legal costs which the families can ill afford.
“The former PNM administration seemed content to drag these poor people through expensive, unnecessary, hostile litigation that could have lasted over 10 years.”
He said this would have been “yet another opportunity for Paria’s lawyers to smile all the way to the bank whilst these victims of corporate manslaughter and criminal negligence continued to suffer in silence.”
Fyzal Kurban, Kazim Ali, Rishi Nagassar and Yusuf Henry all lost their lives on February 25, 2022, after being sucked into a 36-inch pipeline from a hyperbaric chamber they had been working on at a Paria Fuel facility off Pointe-a-Pierre. Christopher Boodram was the lone survivor.
A Commission of Enquiry (CoE) into the incident, led by Jerome Lynch, KC, found the incident was the result of gross negligence and made over 50 recommendations, including charging Paria with corporate manslaughter.