DPP writes to police commissioner — Cops must probe Paria deaths

DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has told Commissioner of Police Erla Harewood-Christopher to initiate criminal investigations to determine whether there is sufficient evidence to charge any person or entity with manslaughter by gross negligence over the February 25, 2022 Paria diving tragedy.

On that day, Land Marine Construction Services (LMCS) 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.

In a statement on July 30, Gaspard said he had considered the Paria Commission of Enquiry (CoE) report into the tragedy.

"I have identified the only possible non-regulatory criminal offence which could have been committed as being manslaughter by gross negligence," Gaspard said.

He added, "Unlike the in the UK, there has been no statutory intervention in Trinidad and Tobago to create an offence known as corporate manslaughter."
After studying the CoE report, Gaspard met with Harewood-Christopher on May 8. He wrote to the top cop two days later.

Gaspard advised her of his view that police "should commence a criminal investigation, so as to determine whether there is sufficient evidence to charge any individual or corporate entity with manslaughter by gross negligence.

"An investigation is required as the commission's report does not itself constitute evidence, and it is materially deficient in proving all of the elements of the offence to be investigated."

The DPP's statement added that Harewood-Christopher told him she had appointed an officer to lead the investigation.

In its report, the CoE said there was not a strong enough case to prosecute any individual, but the law allowed for a corporation to be charged with manslaughter.

The report said the commissioners were "minded to recommend to the DPP, that on the evidence, they find there are sufficient grounds to conclude that Paria's negligence could be characterised as gross negligence and consequently criminal."
The CoE recommended that the DPP charge Paria with corporate manslaughter.

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 10, Piper, Ali Snr and Paria general manager Mushtaq Mohammed faced a San Fernando magistrate to answer those charges. The matter was adjourned to September 11.

The report was submitted to President Christine Kangaloo on November 30. Energy Minister Stuart Young laid the report in the House of Representatives on January 19. At that time, Young said the report was sent to the DPP, who could take further action.

In a brief statement, Paria said, "Further to the statement issued today by the DPP, Paria Fuel Trading Company Ltd will seek the appropriate legal advice and will be guided by the advice received with respect to any investigations going forward."

Paria's lead attorney, Gilbert Peterson, SC, was contacted for comment on Gaspard's statement, but said, "I cannot comment at this stage. The process has to run its course."

Dinesh Rambally, attorney for LMCS, had his own views about Gaspard's statement.

"I think it would be more appropriate for the surviving diver and the affected families (whether in their own capacity or through their attorneys) to first comment on this development."

Rambally added, "I think at the end of the day, justice will only be served when those responsible for these deaths are swiftly called to account and brought to justice for their gross negligence."

Other attorneys, speaking on condition of anonymity, agreed with Gaspard that the offence of corporate manslaughter was not reflected in any local law.

One attorney said the interpretation of manslaughter through gross negligence comes from case law.

"The penalty can be anywhere between a bond or a period of imprisonment for up to 15 years," the attorney said, adding that this penalty applies to an individual.

Another attorney said there were challenges in conclusively proving a company was guilty of this kind of offence.

"The enforceability of a term of imprisonment against a company is the issue, and usually, to cross the threshold to make a director criminally liable is problematic."

Another attorney whom Newsday contacted opined that a company found guilty of this offence (manslaughter through gross negligence) could be fined.