Paria enquiry seeks new deadline – November 30

THE Commission of Enquiry (CoE) into last February's fatal diving acccident at Paria Fuel Trading Co Ltd in Pointe-a-Pierre is requesting a new deadline of November 30 to submit its final report.

A statement issued by the commission's secretariat on Monday said the commission was unable to meet its previous deadline of August 31.

The commission has written to President Christine Kangaloo to ask for an extension until November 30.

Meanwhile, the commission will hold a virtual news conference in the first week in September. At that briefing, CoE chairman Jerome Lynch, KC, will address any questions arising from this development.

On February 25, 2022, divers Rishi Nagassar, Kazim Ali Jr, Fyzal Kurban, Yusuf Henry and Christopher Boodram were doing maintenance work on a 30-inch underwater pipeline belonging to Paria when they were suddenly sucked into the pipeline. Only Boodram survived.

The CoE was originally due to submit its final report to the President in May.

But in a statement on May 5, the commission said it had written to Kangaloo to seek an extension until August 31.

The commission said the delay was necessary, as those who were issued with Salmon letters have been given until June 9 to respond in writing, and until June 21 and 22 to respond orally.

Salmon letters are sent to individuals or companies that will be subject to criticism in a report.

In a statement on July 14, the commission said its chairman Jerome Lynch, KC, and his fellow commissioner Gregory Wilson are working very hard to finalise the report.

"However, there has recently been a number of decisions dealing with the importance of the proper procedure to be adopted in CoEs.

The commission cited two cases.

The first was from the United Kingdom, R (Hexpress Healthcare Ltd) –v- Care Quality Commission.

The second was local, Civil Appeal P 286 of 2020 between Hart –v- The CoE-La Alturas Housing and others.

The commission said, "These cases deal with a range of issues to ensure fairness to everyone and that the parties have a fair opportunity to make their case in particular where there are to be criticisms of individuals that may affect their careers and lead to recommendations as to criminal conduct or a potential for the breach of a duty of care."

The commission added that it has "sought to ensure that very outcome and everything it has done has been to ensure that no one is shut out. "

The CoE has received approximately 400 pages of detailed response to its provisional findings and a number of legal arguments that it needs to address.

"This process generates delay but it is a price worth paying to ensure a robust report insulated from unfairness.

The commission said, "We continue to work to have this report completed within the timetable provided and we are confident we will, albeit marginally later, than hoped."