Paria attorneys to seek new board's guidance in case over 2022 diving deaths

ATTORNEYS for Paria Fuel Trading Company requested time to seek instructions from its new board of directors as the company faces charges under the Occupational Safety and Health (OSH) Act stemming from the 2022 diving tragedy.

Lead attorney Gilbert Peterson, SC, told acting deputy Chief Magistrate Brian Dabideen that following the April 28 general election, it was appropriate to consult the new board before proceeding.

“We also have to take instructions on our side because your worship is aware of an event that took place last Monday and because it's a state entity, I think proper that I communicate with the new board,” Peterson said at the virtual hearing on May 5.

Paria, Land and Marine Construction Services (LMCS), and their executives are before the San Fernando Magistrates’ Court for alleged OSH violations related to the deaths of four divers at Paria’s Pointe-a-Pierre facility in February 2022.

Dabideen adjourned the matter to October 9 to allow the prosecution more time to provide full disclosure of evidence and the defence to file their objections. Attorney Richard Mason, representing OSH Agency’s chief inspector Franz Brisbane with Senior Counsel Pamela Elder, said all materials except video evidence had been previously disclosed and the technical issues with the video evidence had been since rectified. He pledged to meet the court’s July 4 disclosure deadline.

Following disclosure, defense attorneys are expected to file objections and submit a witness list by October 3.

At a previous hearing in January, attorneys discussed whether to join or separate the charges after reviewing OSHA’s evidence.

The case arises from the February 25, 2022, incident in which five LMCS divers were pulled into a pipeline. Only one, Christopher Boodram, survived. OSHA alleges critical safety lapses and risk assessment failures led to the tragedy. Paria general manager Mushtaq Mohammed, former terminal operations manager Collin Piper, LMCS director Kazim Ali Sr., and their respective companies face 15 charges under the OSH Act. All pleaded not guilty.Peterson previously argued that simultaneous criminal charges and Industrial Court proceedings amounted to an abuse of process. Elder countered, stating the criminal case seeks punishment, while the Industrial Court addresses compensation.

A commission of enquiry chaired by Jerome Lynch, KC, in November 2023 recommended corporate manslaughter charges against Paria and OSH Act charges against Piper and Ali Sr.

LMCS and Ali Sr are represented by attorneys Dinesh Rambally, Renuka Rambhajan, and Kamini Persaud-Maraj. Also representing OSHA and its chief inspector are Pettal John-Beerens and Adanna Walker-Ramsaran. Gretel Baird also appear with Peterson for Paria and its general manager Mushtaq Mohammed and its former terminal operations manager Collin Piper.

In April, former prime minister Stuart Young announced that the families of each diver will receive compensation of $1 million, as well as Boodram, the lone survivor.

Young, who was also energy minister, said these would be ex-gratia payments, which means there is no admission of liability, since, he noted the assigning of blame was still being settled between Paria and LMCS.

Speaking on April 3, at the swearing-in of her government at President’s House, Prime Minister Kamla Persad-Bissessar referred questions on the $1 million payout to Attorney General John Jeremie, SC. He told reporters he would investigate the issue to determine if any monies had been paid while assuring that the state’s commitment would be fulfilled.