PORT OF SPAIN, Trinidad, CMC – Prime Minister Dr. Keith Rowley Wednesday met with the families of the divers who died after being sucked into a 30-inch underwater pipeline while they were doing maintenance work at the state-owned Paria Fuel Trading Company Ltd (Paria) in 2022.
A statement issued by the Office of the Prime Minister following the meeting said Prime Minister Rowley expressed “sincere sympathy on behalf of himself and the government… for the unimaginable loss being experienced” by the family of Rishi Nagassar, Kazim Ali Jr, Fyzal Kurban, Yusuf Henry and Christopher Boodram on February 25, 2022.
Boodram was able to get out of the pipeline, but the others remained trapped inside and died.
Rowley, who was accompanied at the meeting by Energy and Energy Industries Related Minister Stuart Young and Attorney General and Minister of Legal Affairs Reginald Armour SC, advised that it was not his wish, or that of his government, “that the anguish being experienced by the families should be enhanced and prolonged by any protracted dispute over liability and compensation.”
The statement said that, accordingly, insofar as he is permitted to, as Prime Minister, he has requested that the Board of Paria “do all that it can do to address these issues as quickly and as reasonably as possible.”
Rowley informed the meeting that Paria is adequately insured for incidents such as that which occurred on that fateful day “and that despite the best of intentions, Paria, like any other insured, is required to take the advice and guidance of its insurers to benefit from the coverage.”
The statement noted that the shareholders of Paria, who are ultimately the citizens of Trinidad and Tobago, “would, of course, want this matter to be resolved quickly, but not in a manner that would be reckless, and affect insurance coverage specifically in place for this purpose.
“So, even if Paria were inclined to do so, it is simply not possible for a Board to wholly ignore the fact that insurance coverage is in place and that another party is involved, namely the contractor LMCS, and nevertheless proceed to settle the matter.”
Prime Minister Rowley said correspondence had been exchanged between attorneys for two of the families and Paria/insurers since February 2023, and correspondence was received last month from attorneys for one other family.
Rowley said he has been further advised that no figures have as yet been exchanged between the parties and that Paria and the insurers have recently requested information from the initial two families that touches on and concerns details surrounding LMCS’s employment and earnings.
“This information is crucial in arriving at a proposed figure for any discussions concerning the settlement without prejudice. That information is not yet forthcoming,” the statement said.
“The Prime Minister made it clear that Paria has advice from its lawyers/insurers on the issue of liability. Notwithstanding that advice, Paria and its insurers are prepared to work closely with the contractor/employer LMCS in arriving at a joint proposal concerning a “without prejudice” settlement of this matter.”
The statement said, “The outcome of this matter insofar as any possible settlement is concerned is in the hands of the attorneys, insurers, and those who are to accept whatever proposal for settlement may be forthcoming due to discussions.
“The Prime Minister repeated that while he cannot interfere in this process, he has clarified to Paria that he wants it concluded quickly and fairly. The Prime Minister urged the families to similarly advise their lawyers that every attempt should be made to conclude the matter quickly and fairly, and in particular, the families should urge LMCS to collaborate with Paria to arrive at a joint without reasonable prejudice proposal,” the statement said.
In January, Young confirmed that the 380-page report of the Commission of Enquiry into the Paria diving tragedy had been sent to the Director of Public Prosecution (DPP).
“The report went before the Cabinet of Trinidad and Tobago, who took a collective decision to send it to the DPP for him to look at and advise on future action, if any, that should be taken,” Young told parliament.
“The document was sent to the Office of the Director of Public Prosecution for him to review thoroughly, and we all know that if he sees fit to engage the Trinidad and Tobago Police Service or any other investigative arm, he will do so.”
The report was delivered to President Christine Kangaloo on November 30 last year, with an appeal from the Chairman of the Commission of Enquiry, Jerome Lynch KC, for the contents to be made public.
He said the report detailed the COI’s findings and recommendations regarding who was at fault and should be held culpable.
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