PM: Corporate manslaughter law must be carefully considered

PRIME Minister Stuart Young says the creation and passage of laws to make corporate manslaughter an offence is something which must be considered very carefully.

He made this comment after a tour of a new fishing centre at King's Wharf, San Fernando on April 5.

On April 4, UNC/Oilfields Workers Trade Union (OWTU) Point Fortin candidate Ernesto Kesar said the UNC will bring corporate manslaughter legislation to Parliament once it wins the April 28 general election.

The OWTU is a member of the UNC's coalition that is contesting the election.

Kesar made his comment about 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 its report, the Paria Commission of Enquiry (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.

In a statement on July 30, 2024, DPP Roger Gaspard, SC, said he had considered the CoE report.

"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 in the UK, there has been no statutory intervention in Trinidad and Tobago to create an offence known as corporate manslaughter."

Commenting on Kesar's statement, Young said, "The UNC will make all manner of promises."

He added, "This government has certainly not said it is not something that will not be looked at."

Young reminded the media that Parliament was dissolved on March 18 when he advised President Christine Kangaloo to do so and announced April 28 as election day.

He repeated, "We don't rush into laws in an unnecessary manner and in a populist manner."

Young dismissed Kesar's questions over his statements about Nigerian company Oando PLC hiring former Petrotrin workers to restart the company's former refinery at Pointe-a-Pierre.

He recalled the OWTU previously unsuccessfully bid to acquire the refinery through its company Patriotic (Energies Company Ltd)."

In response to Opposition Leader Kamla Persad-Bissessar's statement last week that a future UNC government would reintroduce hangings, Young said, "This government has not taken hanging off the books."

He added, "We tried to accelerate it. There are a lot of laws that are in place that make that very, very difficult."

Young suggested Persad-Bissessar may not understand the law and has not applied the law.

"But it is not for a lack of trying and wanting."