Ramadhar: Charges can be brought against Paria officials

ATTORNEY Prakash Ramadhar has disagreed with findings of the Paria Commission of Enquiry (CoE) which said it was difficult to prosecute any individual over the February 25, 2022 tragedy in which four divers were killed at Paria Fuel Trading Company's Pointe-a-Pierre facility.

On that day, LMCS divers Christopher Boodram, Kazim Ali Jr, Fyzal Kurban, Yusuf Henry and Rishi Nagassar were repairing a 30-inch pipeline when they were sucked into it.

Only Boodram survived.

In its report, which Energy Minister Stuart Young laid in the House of Representatives on January 19, the commission said, "There is not a strong enough case to recommend the prosecution of any one individual. However the law permits a corporation to be charged with manslaughter."

At a news conference at his Lord Street office, San Fernando on Monday, Ramadhar said Paria officials could be could be held liable for the tragedy.

Ramadhar referred to the testimonies of Paria officials to the commission to support his argument.

He said it was clear that from the minute the divers were sucked into the pipe, time was of the essence to save them.

"The countdown (to save the divers) began from the moment they were sucked into that pipe."

Ramadhar argued that Paria officials should have known the probability of the divers surviving in the pipe was slim.

He added that Boodram's evidence before the commission that the men were still alive underscored the urgent need to rescue them.

"What did they (Paria) do to save them? Absolutely nothing."

Ramadhar said the report showed Paria resorted to a bureaucratic approach towards the tragedy and issued a no-dive order, even when there were divers on site and ready to carry out a rescue.

"For me, that is criminal."

Ramadhar said if there are concerns that the Director of Public Prosecutions (DPP) cannot charge individuals on the basis of their evidence before the commission, there is a solution to that.

"The DPP could ask the police service to engage in an independent investigation without reference to the evidence before the CoE."

Ramadhar said all citizens have a constitutional right to silence as it pertains to self-incrimination.

He added that in directing the police to take independent statements from witnesses who appeared before the commission, the DPP can examine those people who wish to remain silent.

Ramadhar said on the basis of the evidence they submitted in their statements and not on anything they said before the commission, the DPP can decide whether there is a basis to lay charges against them.

He said the Criminal Procedure (Corporations) Act confirms the commission's statement about the ability to charge companies with manslaughter.

Should the matter be dealt with as a summary offence, he continued, the offending company pays a fine of $3,000

But Ramadhar added, "If it should be dealt with indictably, through a High Court judge, there is no limit to that fine."

He said this is a very important message to all corporations in TT

"What happened at Paria is behind us, but what happens ahead of us requires a robust approach to protect those who work for you."

The report also said there is evidence to justify the prosecution of Paria incident team commander Colin Piper, LMCS owner Kazim Ali Snr, Paria and LMCS for several offences under the Occupational Safety and Health (OSH) Act

It said the Occupational Safety and Health Agency (OSHA) has until February 24 to initiate such proceedings before the Industrial Court.

Ramadhar said, "Every state agency must act in the realm of their responsibility."

OSHA, he continued, should have been investigating the tragedy since it happened.

"It is not for them to begin their investigations today. So they must be in a state of readiness."

Also at the conference was Celisha Kurban, widow of Fyzal Kurban.

She had no comment on whether or not Paria should be charged with corporate manslaughter.

Kurban said, "That is the least thing on my mind right now."