Ramadhar rejects Paria 'frustration' claims

ATTORNEY Prakash Ramadhar has rejected claims by Paria Fuel Trading Company Ltd that its efforts to compensate the families of four divers who died at its Pointe-a-Pierre facility two years ago, are being frustrated by the families' legal representatives.

After repeating his call for an ex-gratia payment of $5 million for each of the families, Ramadhar said he is fully prepared to take steps before the start of the new law term in September, to initiate legal action against Paria and Land and Marine and Construction Services (LMCS), to ensure his clients are properly compensated.

"If this be that case, we are willing to go the full length."

He hinted these steps could involve raising the matter before the High Court, Court of Appeal and the Privy Council, if necessary.

Even as Ramadhar said this, LMCS also challenged Paria's claim, as did Vanessa Kussie, widow of one of the divers, both in separate statements.

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 sucked into it. Only Boodram survived.

They were employed by LMCS.

Ramadhar is the attorney for the Kurban family and Henry's daughter, Aliah.

In a statement on July 29, Paria claimed its efforts to compensate Boodram and the families of the other four divers were being frustrated by their legal representatives and LMCS.

While its attorneys continue to exchange correspondence with those who have presented claims for compensation, Paria said, "This process requires a considered and balanced approach, taking into account all relevant stakeholders, including LMCS, the employer of the impacted divers, the terms of their employment and other key information."

At a news conference at his office at Lord Street, San Fernando on July 30, Ramadhar disagreed with Paria's statement.

He said the Paria tragedy was an issue which deeply troubled the nation's conscience.

"Let me put on the record that Paria were the recipients from us of two pre-action protocol letters and their response was that they were not liable, they were not responsible and therefore basically, 'Go away.'"

He said this happened before last year's Paria Commission of Enquiry (CoE).

In its report, the CoE recommended the Director of Public Prosecutions (DPP) consider charging Paria with corporate manslaughter for the tragedy.

The CoE report also concluded there was evidence to prosecute Paria Fuel’s terminal operations manager Colin Piper and LMCS owner Kazim Ali Snr (whose son died in the tragedy) for offences under the Occupational Safety and Health Act (OSHA). The report recommended that Paria and LMCS also face charges for offences under OSHA. On July 30, the DPP, Roger Gaspard, announced he had advised the police to probe the deaths. On July 11, Paria, LMCS, and the head of LMCS, Kazim Ali Snr, faced a magistrate on OSHA charges.

Referring to Paria's "frustration," Ramadhar said, "We didn't ask for this (tragedy) to have occurred. We didn't put ourselves in a position where these men died unnecessarily."

He added the ex-gratia payment proposal advanced to Paria "has very little to do with the tabulated legalism that Paria wishes to now engage in. "We will not fall into that trap."

Ramadhar told the media that were he to engage in the activities that Paria was proposing, it is possible that Kurban's family could receive compensation which they deserve.

He said Kurban's family struggles daily to ensure that his daughter, who is overseas at university, has sufficient funds to remain enrolled there.

"That is why we take a position that we will not fall victim to the tabulated legalism that Paria wishes for us to engage in."

He cited some local cases in which people received approximately $300,000 for the amputation of a limb or $900,000 for being the victims of libel or slander.

He said there is no precedent on how to compensate anyone who experienced anything like the Paria tragedy.

LMCS's attorney Dinesh Rambally, in a statement on July 30, also rejected Paria's position.

"LMCS is of the firm view, based upon all the facts and relevant principles of law, that Paria could achieve a prompt and fair resolution of all issues and/or matters if it notified all stakeholders of its full acceptance of responsibility for the tragic accident."

In such a scenario, he continued, "parties would then be able to devote its time and resources to ensuring that those tragically affected are properly compensated."

Rambally believed it may be possible for Boodram and the families of the divers to able to access structured interim payments on account of damages, psychiatric and/or medical care, expert reports and legal costs.

He said LMCS views Paria's statement as patently self-serving.

"It is clearly attempting to deflect from its responsibility by sidestepping the elephants in the room, or public domain: its breach of its duty and overall legal culpability."

Kussie, the widow of Rishi Nagassar, said the only people Paria appeared to be speaking with were the media

"Paria have never once called any of the immediate families over the phone or to speak with us one on one," Kussie, now a UNC councillor, said via WhatsApp on July 30.

Kussie had no problem with recent advertisements by Paria about engaging in activities which helped schoolchildren.

But she wondered why Paria had not contacted any of the families to find out how their children are coping with the deaths of their fathers.