LMCS denies blame for Paria tragedy

LAND and Marine and Construction Services (LMCS) has said it is not to blame for the Paria diving tragedy in which four of its divers died.

The company made this statement in separate letters from one of its attorneys, Kamini Persaud-Maharaj, to Freedom Law Chambers and attorney Prakash Ramadhar on September 4.

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

They were employed by LMCS. Ali Jr was the son of LMCS owner Kazim Ali Sr.

Freedom Law Chambers is representing Boodram and Vanessa Kussie, Nagassar's widow.

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

Persaud-Maharaj repeated LMCS's condolences to the families of the deceased divers in both letters.

She also acknowledged, in both letters, that as a result of the tragedy, Boodram has been traumatised.

Persaud-Maharaj said LMCS maintains it was not responsible for the activation of a differential pressure event (Delta P) which caused the tragedy. She claimed the event was "solely attributable to the negligence and/or breach of statutory duty and/or occupier’s liability on the part of Paria."

Persaud-Maharaj further alleged that Paria, not LMCS, was to blame for not pursuing any timely rescue operation for the trapped divers, deliberately misleading and/or misrepresenting efforts being made to mount a rescue and preventing LMCS and/or others from implementing a rescue plan to retrieve the divers from the pipeline.

She said based on evidence presented to the Paria Commission of Enquiry (CoE), Paria is guilty of gross negligence.

Persaud-Maharaj added that on this basis, Paria is solely liable for damages being sought by Boodram, Kussie and Kurban's family.

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."

LMCS's attorney Dinesh Rambally, in a statement on July 30, 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.

At a news conference at his San Fernando office on July 30, Ramadhar said he was prepared to take steps before the start of the new law term in September to initiate legal action against Paria and LMCS to ensure his clients are properly compensated.

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

Legal sources told Newsday on September 5 that Ramadhar is proceeding.

He had previously suggested an ex-gratia payment of $5 million for each of the families of the four dead divers.