LMCS owner tells divers' families: Take government's $1m offer

LMCS owner Kazim Ali Snr says the families of the four men who died in the Paria diving tragedy and the lone survivor should accept government's offer of $1 million ex-gratia payment. This despite his belief the offer is a political ploy.

Four of Ali's employees, including his only son, died after being trapped in an undersea oil pipeline at Paria Fuel Trading Company Ltd in Pointe-a-Pierre in 2022. The four – Kazim Ali Jnr, Fyzal Kurban, Rishi Nagassar and Yusuf Henry – along with their co-worker Christopher Boodram were sucked into the pipeline while doing repair works. Only Boodram survived.

On April 3, Prime Minister Stuart Young, at a post Cabinet press conference, announced the government would compensate the families and the lone survivor. He did not specify when the payment would be made.

Speaking with Newsday via phone on April 4, Ali said the government should have consulted the families before making the compensation offer public.

"The figure should have been kept private. We know it’s an election year, which is why they publicised it as much as possible."

He believes the timing of the announcement was influenced by Opposition Leader Kamla Persad-Bissessar, who had called for compensation for the families.

"She (Persad-Bissessar) said when she wins, she will make it (compensation) one of the first things she would do."

Asked if the amount is adequate, Ali acknowledged it is an ex-gratia payment but emphasised the families will continue to seek further compensation through the courts. An ex-gratia payment is one without any admission of liability.

"We’re still going to proceed with seeking justice. We’ve already filed our claim in court," Ali told Newsday.

"This payment is just to keep the families going. It’s something that should have been done when it was recommended by the commission of enquiry (CoE), but they did nothing."

The CoE's report into the tragedy recommended the Director of Public Prosecutions (DPP) consider charging Paria Fuel Trading Company with corporate manslaughter.

The report, which was presented to the House of Representatives on January 19, 2024, stated there was not enough evidence to charge any individual but noted that corporations could be held liable for manslaughter.

The report also says that LMCS, the subcontractor involved, was effectively blocked from rescuing the trapped divers by Paria.

"We do not conclude the same is true of LMCS," the commissioners said.

It added there was enough evidence to prosecute both Paria manager Colin Piper and LMCS head for violations under the Occupational Safety and Health Act.

Young, who at the time was not PM but still held the office of Energy Minister, said the report was sent to the DPP, who will determine whether to pursue further legal action, including involving the police.

While the report condemned Paria and LMCS for the cause of the accident, it also praised Christopher Boodram, the sole survivor. It noted the men were trapped in the pipeline due to the failure of both companies to recognise the risks posed, which was created by the methods used in the repair work.

Ali expressed frustration with the government’s response, claiming the government had been indifferent to the families’ suffering.

"The government did nothing. A few months after the incident, they showed the autopsy reports. The independent autopsy confirmed my son was alive in the pipe.

"They claimed everyone had died and even went as far as to say Christopher wasn’t in the pipe but was working nearby – it was part of the government's narrative."

Ali went on to criticise what he believes is the lack of accountability from the government.

"They showed no remorse. They didn’t care about who lived or who died. Now, to come and say they are concerned, it’s all about insurance companies and politics."

Ali reiterated his belief that the offer was a political move: "We're making it clear we accept it, but we reserve the right to continue our legal action for full justice and compensation. Rejecting the offer wouldn’t look good, especially when it’s presented this way."

Ali said the issue has become politically charged but stressed the UNC is not responsible for making it a political issue.

"The UNC hasn’t politicised this – they’ve supported us quietly from day one. It’s only recently the matter has been brought up in the political discourse. I asked Mrs Persad-Bissessar not to make it political and she agreed with me."

He strongly believes the government is attempting to "quell the fire.

"They’re hoping the families will be quiet, but I think they’ve made things worse. More people are upset now and that’s why I’ve had more supporters coming forward."

Speaking to the media after filing his nomination paperwork on April 4 at Belmont Government Secondary, Young acknowledged the mounting criticism over the government's offer.

He said the tragedy had been a source of deep concern for him from the very beginning.

"As soon as I arrived after a 26-hour trip that year, it was the first news I received. The first thing I did was make my way down to Paria."

Young stressed the issue at hand was one of liability, explaining the government had "quickly set up an enquiry under the relevant legislation" in 2022. He said the opposition was first to politicise the issue.

"My priority has always been the families."

He said the opposition called for a commission of enquiry, which then-Prime Minister Dr Keith Rowley established, but it was costly.

He maintained, over the course of the situation, he did everything to support the families, but progress was hindered because it involved various companies.

"I’ve only been Prime Minister for three weeks. I recognise any action taken at this point will be politicised. I fully understand the pain, trauma and suffering they’ve endured. No amount of money can ever compensate for that."

Turning his attention to the lawyers representing the families – former AG Anand Ramlogan, SC, and Prakash Ramadhar.

"They are entitled to defend their clients, as they should. I can't change the past. I am fully aware of the pain and suffering the families have experienced – no compensation will ever alleviate that."

He said in 2024, he enquired whether payments could be made to the families while the case is ongoing, a proposal that was supported by Rowley, who shared his concerns, he said.

Young said he still has not spoken directly with the families, but the process has started and insisted Rowley was not responsible for any delay, but as PM, he made a decision to extend the offer to the families.

"The families deserve respect and should not be politicised, despite the potential for politicisation of the issue."

Regarding the change in approach after becoming Prime Minister, he said previously, his hands were tied due to legal and corporate constraints. However, as PM, he now has collective power to take action.

Attorneys representing families, including Boodram, welcomed the government's announcement of the payment. However, both the head of Freedom Law Chambers, Anand Ramlogan, SC, and attorney Prakash Ramadhar criticised this as a belated announcement coming mere weeks before the general election.

A statement from Ramlogan on April 4 said, "It is unfortunate it took a general election for the government to tap into its conscience and demonstrate some modicum of human compassion in the face of a case that has been crying out for justice for the last three years."