Paria, LMCS executives return to court on charges in diving tragedy

Senior Magistrate Alicia Chankar has set May 5 as the next hearing date in the case against Paria Fuel Trading Company, Land and Marine Construction Services (LMCS), and their executives for alleged breaches under the Occupational Safety and Health (OSH) Act related to the 2022 diving tragedy.

The date was agreed on to allow sufficient time for all parties to review the voluminous disclosure provided by OSHA and to decide on whether to proceed with a joinder of the charges or handle them separately.

Senior Counsel Pamela Elder, representing OSHA, confirmed that a significant portion of the disclosure had been completed. This included filing a summary for Paria, which was also served to LMCS, as well as a statement from diver Christopher Boodram, the lone survivor of the incident. Elder told the court any remaining disclosure would be completed by February 28, 2025, in line with the court's directive.

Elder highlighted that while both Paria and LMCS had no objections to the charges being heard together, they had reservations about a formal joinder of the charges. Gilbert Peterson, SC, representing Paria and its executives, requested additional time to review the recently disclosed documents before finalising their position on the joinder.

“We will need time to go through it and will decide after that,” Peterson stated.

Chankar recognised the need for practicality and case progression but acknowledged the volume of the case materials.

“Because of the volume of disclosure, it does not make sense to come back this month. I am thinking of April or May,” Chankar said, ultimately setting the next hearing for May 5.

She instructed OSHA to ensure all disclosure was completed by the end of February to give both parties sufficient time to assess the materials.

The charges against Paria, LMCS, and their executives stem from a February 2022 incident in which four LMCS divers lost their lives while repairing a pipeline at Paria’s Pointe-a-Pierre facility. OSHA alleges multiple safety lapses and risk-assessment failures contributed to the tragedy.

Paria’s general manager, Mushtaq Mohammed; former terminal operations manager Colin Piper; LMCS director Kazim Ali Sr.; and their respective companies face 15 charges under the OSH Act. The charges relate to alleged failures in safety measures and risk assessments that OSHA claims contributed to the deaths of four divers and the survival of one in the tragic incident. They all pleaded not guilty to the charges laid by chief inspector Franz Brisbane.

At that hearing, Peterson had accused OSHA of pursuing a “double-barrelled” approach by filing criminal charges in the magistrates’ court while also pursuing proceedings in the Industrial Court. He argued this dual approach constituted an abuse of process.

Elder rejected those claims, explaining that the criminal court sought punitive measures, while the Industrial Court focused on compensation for breaches of the OSH Act.

In its November 2023 report, a commission of enquiry chaired by Jerome Lynch, KC, recommended prosecuting Paria for corporate manslaughter and charging Piper and Ali Sr for OSH Act violations.

LMCS is represented by Dinesh Rambally, Renuka Rambhajan and Kamini Persaud-Maraj.