PM: By UNC logic, Paria should be closed because of police probe

THE Prime Minister has offered no opinion on a decision by Director of Public Prosecutions (DPP) Roger Gaspard, SC, to instruct 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 Paria diving tragedy.

But Dr Rowley wondered whether Opposition Leader Kamla Persad-Bissessar will publicly demand that no one do business with Paria Fuel Trading Company Ltd on the basis of Gaspard's advice to the police.

He made those statements at the PNM's Diego Martin West 51st annual constituency conference on August 3.

On February 25, 2022, 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 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.

Rowley told PNM members, "As a result of the matter with the unfortunate incident with the divers, the DPP has now instructed the police to use the evidence of the CoE to see whether any person or whether any company including Paria could be charged for criminal conduct including manslaughter."

He offered no opinion on that.

Earlier during the meeting, Rowley read a letter from Jindal Power and Steel Ltd chairman Naveen Jindal in which Jindal said his company would not make any formal offer for the former Petrotrin refinery in Pointe-a-Pierre, owing to attacks made against him and his company by the opposition and other people.

Rowley repeated that Jindal never made a formal proposal for the refinery when he visited TT in June.

But he said there had been a possibility of Jindal's company proposing a US$700 million investment that could upgrade technology at the refinery to facilitate a possible restart.

He reminded PNM members that Persad-Bissessar and the UNC's opposition to Jindal was on the basis of corruption allegations made against some of his companies in India.

Rowley said the UNC has consistently opposed government doing business with anyone who was allegedly involved in corruption.

He asked, "Is Mrs Persad-Bissessar saying that we must now close down Paria because nobody should be doing business with Paria because the DPP says there is possible criminal conduct to be looked at?"

Rowley also asked, "If in fact a charge is laid against Paria as a company or an individual in Paria is charged, then we have to stop doing business with Paria?"

He said if anyone believed Persad-Bissessar's view, they should do one thing.

"All you go quick and put gas in all your car quick, because Paria will not be able to import any fuel because they would have been charged."

Rowley said this kind of thinking by Persad-Bissessar was flawed because she has allowed UNC officials in her party to continue functioning in office despite corruption allegations being made against them.

"That is the kind of nonsense that is offered to us as an alternative to the PNM.

"All of it has to do with a politics of failure which is what they require on our part for them to succeed."

In a statement on July 31, 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 also mentioned the tragedy in its summary financial statements for the year ended September 30, 2023.

The CoE and complaints filed by the Occupational Safety and Health Agency against Paria and LMCS were mentioned.

These statements were published before the release of the DPP'S statement.

Paria said, "Any financial and other related implications will only be known on completion of these investigations and the issuance of the related reports."