PM: Divers families to receive compensation after settlement process

Prime Minister Kamla Persad-Bissesar said the matter of payments to the families of the divers who died in the Paria tragedy and the surviving diver may have to be settled through a judicial settlement, owing to a possible conflict of interest.

On February 25, 2022, diver Christopher Boodram together with co-workers Kazim Ali Jr, Fyzal Kurban, Yusuf Henry and Rishi Nagassar, were repairing a 30-inch pipeline at state-owned company Paria's Pointe-a-Pierre facility when they were sucked into it. Only Boodram survived. They were employed with Land and Marine and Construction Services (LMCS).

Boodram and the family of Nagassar are represented by former attorney general Anand Ramlogan, while the families of Kurban and Henry are represented by attorney Prakash Ramadhar.

On March 3, then Prime Minister Stuart Young announced that government would pay $1 million to Boodram, and $1 million each to the families of the deceased divers as ex-gratia payments. On April 2, the Ministry of Energy and Energy Industries wrote to the attorneys asking them where to send the payment.

Speaking to media at the government’s first post-Cabinet briefing at the Red House, Port of Spain on May 8, Persad-Bissessar said she had discussed the issue with the cabinet.

“I have already shared with my team, we want to be careful how we proceed with it because there may be an appearance of a conflict of interest, given that the lawyers for the surviving diver, and the others where the people actually died, so with respect to the surviving diver, I know the former Energy, Prime Minister, Stuart Young promised this $1 million or so, we are looking at it to see how best we can do it.

“There’s a bit of a complication for which I’ll need further advice from the lawyers for the state. The state represents the taxpayers of TT. So here it is the $1 million was promised, of course promises never materialised, never delivered, but conflict of interest possibly with the lawyers because they are seen to be UNC lawyers.”

She asked whether the payment was to be a one-off payment or if the cases brought by the families against the state would continue after the payment was made.

“The impression I’m getting is that after the $1 million, the cases will continue for further monies. I don’t want to run out there without having sufficient knowledge, legal and otherwise, as to how best to compensate, but compensate we will.”

Persad-Bissessar proposed solving the issues of conflict of interest and making a payment now and one in the future.

“Having the parties come together before a court, a judicial officer, rather than the two lawyers sitting down, he says he wants $5 million and this side saying $1 million. We may have to look at a judicial settlement of those matters, but we will help those families as much as we can.”

With a smile, she said there was another complication involving who had responsibility for the estate of the deceased divers.

“The further complication is, for those who perished, who is the family, who is the administrator, the executor, who holds the letters of administration?

“This may be hilarious, but I have seen this happen in funerals before, you go to the funeral, I went to a wake in my area, and the wife is there screaming and crying and a short while after, another woman appears bawling, ‘My husband, my husband.’

"So you go back to who is the executor in law, the legal person representative, there are those legal complications, which I think may have happened with the former minister, because you have to get those things sorted out.”

Ramlogan: PM's proposal sensible

In a written statement sent to Newsday on May 9, Ramlogan said he was delighted as he said the Prime Minister had decided to follow through and deliver on the promise made by Young.

“We welcome the belated promised ex gratia payment in the sum of $1 million. We also welcome her sensible proposals that the legal claims be amicably resolved via a judicial settlement conference. This is a parallel process to adversarial litigation whereby a judge acts as a mediator and sits with the parties to facilitate a negotiated resolution that can lead to a settlement of the legal case.”

He said the initiative was welcomed as it would “save precious judicial time and legal costs which the families could ill afford.

“The former PNM administration seemed content to drag these poor people through expensive, unnecessary, hostile litigation that could have lasted over ten years. It would have been yet another opportunity for Paria’s lawyers to smile all the way to the bank whilst these victims of corporate manslaughter and criminal negligence continued to suffer in silence.

“We therefore commend Prime Minister Kamla Persad Bissessar for demonstrating such legal acumen and wisdom. Her compassion as a leader in this matter is a breath of fresh air and has caused the families to breathe a sigh of relief after they have been waiting to exhale while suffering under three years of PNM oppression.”

Ramlogan again said Young was criticised for his offer because “it was clear that the PNM government was once again playing convenient politics with this unprecedented human tragedy. The election came and went and as Prime Minister he (Young) refused to pay the $1 million to the families as promised."

Ramadhar: We respect PM's decision

Speaking to Newsday on May 9 by phone, Ramadhar said he did not see the issue of “UNC lawyers” as being a real issue.

“It is a very public issue that we have represented these families at the commission of enquiry and that the former prime minister made the promise to make a $1 million ex-gratia part-payment.

“Therefore, I don't see any politics that anybody should accuse anyone of being partisan, especially our present prime minister who has always shown herself to be above the fray and to always do the right and proper thing no matter what political entities may be involved. So I really don’t see that as a problem.”

“We accept her position, because you know now, it's a new government. There are different standards for anything other than a PNM government and, therefore, we want to protect the integrity of the entire process.

"So, if it is the prime minister's view, that it would be better for them to meet that level of settlement, so be it, we have no difficulty whatsoever and applaud it. So there could no negativity attached to a very normal effort on behalf of our present Prime Minister.”

Ramadhar said his firm was in the process of obtaining letters of administration from the courts for both clients.

“We had already obtained what we call administration ad litem from the court, meaning we had the right to sue on behalf of the estate, in relation to this. So that's a normal course of events.”

Asked how quickly he would want the settlement process to begin, he said as soon as the process could be completed.

“We appreciate the letters of administration do take time. And maybe this is a test to see if the system could be improved. Many have complained in the past of how long these things take, so maybe this could be that case to iron out and streamline that process for the benefit of everyone as we proceed.”