Contractor sues Energy Minister over NP 2020 explosion report

A HIGH Court judge has given permission to an independent contractor for a High Court hearing to challenge the Energy Ministry’s refusal to supply a report on an explosion at the National Petroleum Marketing Company (NP)’s tank farm in Sea Lots.

On December 11, 2020, NP confirmed an explosion at its facility. It said the explosion took place while a contractor was on site extracting residual product from a storage tank as part of a routine repair exercise.

Two people were affected, the company said.

Independent contractor Sahadeo Khoon Khoon, who was contracted by NP for 16 years to pump out its interceptor pits, was removing 100 litres of gasoline from a storage tank when the explosion took place, blowing off the tank’s roof.

His lawsuit said he suffered severe burns and remains scarred.

Four days later, former Energy Minister the late Franklin Khan announced three separate investigations by the ministry, the Occupational Safety and Health Agency and NP.

On June 16, 2021, Khoon Khoon made a request under the Freedom of Information Act for information on the ministry’s investigations.

Although some of his questions were answered, he was told he would not get a copy of the report, as the investigation was still ongoing.

On December 9, 2021, he again made another request, also asking for a status update. He was again told the investigation was ongoing and a final report had not been completed. After sending a second pre-action letter, he was told the report would be completed by May 13, 2022.

He again made a request but was told he could not get it, since the “internal review process that flows after completion of such a report is still ongoing.”

His judicial review application said it was clear from this response the report had been completed and submitted but “no clear answer was forthcoming” on whether he would get it, which has left him “frustrated,” with the impression he was “being given a run-around and this was a classic case of bureaucratic stonewalling.”

Khoon Khoon’s lawyers again threatened legal action for denying him a copy of the report and he was again told the ministry could not give it to him, as it was intended for submission to the Cabinet, and “it was determined the report would not be released at this time.”

His application told the court the report was of great importance to him, as it would not only give him some closure, but would also allow him to seek legal advice, since “there is a real risk that there was a significant abuse of authority and neglect in the performance of official duties on the part of NPMC.

“He has suffered a grave injustice, and no one is telling him anything regarding what caused this explosion.”

Khoon Khoon’s application also asserts the public has a right to know what happened on December 11, 2020, and the Government's promise to make the report public was nothing more than “ a political pappyshow that was designed to quell public outrage and concern and do political damage control.”

Khoon Khoon is represented by Senior Counsel Anand Ramlogan, Jayanti Lutchmedial, Kent Samlal, Natasha Bisram and Sheldon Sookram.