…….Cases heading to the High Court
By FRANCIS JOSEPH
The coming months would be interesting as the High Court deals with the claims by the surviving family members of the four persons who died in the pipeline at Paria Fuel Trading Company on February 25, 2022.
The cases are going ahead despite the payout of $1 million to two of the families and to the lone survivor, Christopher Boodram.
Fyzal Kurban, Kazim Ali Jr, Yusuf Henry and Rishi Nagassar died inside the Paria sealine 36 pipeline at berth no 6 in the Pointe-a-Pierre harbour. There was a big uproar when this happened and there were allegations that no attempt was really made to save the persons stuck in the pipeline.
Michael Kurban, son of Fyzal Kurban, said in an affidavit, that he could have rescued the divers, but he was prevented from doing so.
Michael said he arrived at the Barge at Pointe-a-Pierre at approximately 4:45 p.m. on 25th February, 2022, accompanied by two other qualified divers. Shortly after arrival at the Barge, and in the presence of representatives of Paria and LMCS, Michael together with the two other divers, dove into the water. Michael entered the pipeline and personally participated in the rescue efforts.
Michael entered the pipeline and successfully extracted one of the divers, Christopher Boodram, and brought him to safety on land. While underwater, Michael heard signs of life, including banging on the pipeline indicating that the trapped divers remained alive. He said he knew that at the material time his father, and the divers were still alive.
After rescuing Christopher, Michael, accompanied by the two other divers, returned underwater. Michael went back into the pipeline in an attempt to rescue the divers. He used the equipment that was then available. He went as far as he could but due to the limited length of the tethered line, he was forced to return to the surface to obtain a longer length of line.
He said around 4:55 p.m., officers of the Trinidad and Tobago Coast Guard were on the scene and after conferring with officials of Paria, actively stopped and prevented further entry of any divers into the water.
He said despite the availability of competent divers and equipment, he and other divers were prevented by Paria and/or their agents from continuing rescue operations.
Michael said he was forced to remain at the scene while knowing that the trapped divers, including his father, remained alive and in peril.
Based on his expertise, experience, physical capabilities and initial inspection of the pipeline, Michael firmly believed he could have rescued the divers. Numerous divers, including
Michael, were ready, willing, able, competent and possessed the requisite equipment to dive into the pipeline to save the trapped divers.
Michael said he experienced immediate shock, horror and emotional trauma arising from his direct perception of the trapped divers’ condition and the prevention of further rescue attempts.
The then Government commissioned a Commission of Inquiry to get to the bottom of this tragedy. It was headed by Jerome Lynch KC. After six months of public hearings, the Commission’s 380-page report was presented to President Christine Kangaloo on November 30, 2023, with a request to make it public.
At the final sitting, Lynch said the incident was no “act of god” and asked that the Government consider the report’s recommendations to prevent the incident from happening again. The report was laid in Parliament on January 19, 2024.
Two of the 48 recommendations stood out:
37. Recommendation
Companies that operate in dangerous environments must have a protocol for dealing with the families of victims of industrial accidents and incidents. Once an ICS is established there needs to be a proper procedure to keep the immediate families of those who are directly affected properly informed.
9. Recommendation
Lastly, in situations where families have had their loved ones and breadwinners snatched away from them in circumstances such as these, or any tragedy real consideration needs to be given to assisting the families in the immediate aftermath of the incident to help them with the financial burden that they have been catapulted into. This does not have to involve any admission of liability merely the recognition that the families of those who have died, or been seriously injured, may need help.
Promises were made to make an ex-gratia payment to the families of those who perished. But talk is cheap and nothing happened until January 22 this year when Prime Minister Kamla Persad-Bissessar SC handed out $1 million cheques to Boodram and the relatives of Nagassar and Kurban.
Despite the payout, the widows of Kurban and Henry are pursing action in court for more compensation. The legal action is being taken against Paria and Land and Marine Contracting Services (LMCS), where the divers worked.
Saira Lakhan, one of the attorneys representing the families of Fyzal Kurban and Christopher Henry, filed negligence claims in the High Court against both companies in February. The matters are before Justice Christopher Sieuchand and Madame Justice Marcia Ayers-Caesar.
Lakhan, together with attorney Prakash Ramadhar, said the next step is for Paria and LMCS to file their defences, after which hearing dates will be set. Lakhan pointed out that the lawsuits were separate from the Government’s ex gratia payments, noting there was no condition that any compensation awarded through the High Court would be subject to deductions.
She said, “It was really just a payment in good faith from the State to the family based on the circumstances in this particular case.”
In January, Minister of Energy and Energy Industries Dr Roodal Moonilal said there was no legal impediment preventing the State from making payments to families who had already received them. However, issues involving insurance claims for the relatives of Kazim Ali Jr and Henry remain ongoing with Paria, and payments are expected once those matters are resolved.
In its report, the Commission of Enquiry later found the tragedy resulted from gross negligence and recommended charges of corporate manslaughter.
