CJ: Petrotrin liable for 2004 fatal explosion

PETROTRIN cannot absolve itself of its responsibility in a fatal explosion at an off-shore platform in 2004, Chief Justice Ivor Archie has ruled.

Archie gave the appellate court’s decision at the first virtual Court of Appeal hearing on Friday.

The Chief Justice and Justices of Appeal Mark Mohammed and Gillian Lucky presided over Petrotrin’s appeal of a 2011 decision by then High Court judge, Vasheist Kokaram.

For the virtual hearing, the three judges were at the CJ’s conference room at the Hall of Justice, Port of Spain, while attorneys were at their respective home-offices and law chambers. There have been High Court hearings and virtual hearings of magisterial matters, but Friday’s was the first for the Court of Appeal as part of the Judiciary’s covid19 measures.

At the start of the hearing, Archie thanked attorneys and court staff for making it possible. Despite some concerns raised by attorneys, he said the matter was selected for urgent hearing during the court covid19 shutdown because the incident took place 15 years ago. He said the court did not want to put off the hearing until next year and felt it important to keep the access to justice open.

“We cannot assume that the restrictions will be lifted next week,” he said. “We are continually striving to improve,” he added, as he elicited the views of the attorneys after the hearing.

The attorneys gave the system a thumbs-up, although earlier in the hearing Senior Counsel Avory Sinanan said while he appreciated the scheduling of the hearing, they felt pressured into dealing with the matter.

Archie assured it was not an attempt to railroad anyone but was done in the interest of justice for the parties.

The Chief Justice said virtual hearings were just one method of communication proposed to provide access of justice as part of the Judiciary’s enhanced delivery beyond the covid19 emergency.

In 2011, Kokaram held that Petrotrin was 80 per cent liable for the explosion and Valve Components Ltd (Valcom) 20 per cent liable.

The explosion took place on a platform known as Block Station 16. Valcom’s senior technician Kenneth Merrique was killed and former value maintenance worker, Anthony Chin-a-Fat was injured. Kokaran ordered compensation for Chin-a-Fat in the sum of $270,019.89.

Representing Petrotrin was Senior Counsel Avory Sinanan and Andrea Orie, while Ronnie Bissessar appeared for Valcom. Chin-a-Fat was represented by attorney Kevin Ratiram.