The final report into the Commission of Enquiry into the Paria Diving Tragedy has been “marginally” delayed, according to chairman Jerome Lynch, KC.
The reason, he said, is to avoid any potential litigation.
The final report was due to be delivered to President Christine Kangaloo on August 31.
In a release yesterday, chairman Lynch explained that the delays are due to him being very meticulous in ensuring everyone named in the report, especially those who may be portrayed in a negative light, have an opportunity to respond.
“The commission has and continues to permit those involved the widest possible latitude to make representations whilst at the same time bearing in mind that this report needs to be concluded as swiftly as justice can provide,” the release read.
“To that end the commission has given the parties extra time to provide their written responses where they have asked and the commission still awaits some.”
The commission had been called to examine the February 25, 2022, incident where LMCS divers Fyzal Kurban, Kazim Ali Jr, Rishi Nagassar, Yusuf Henry and Christopher Boodram disappeared into a pipeline underwater while conducting works at Paria Trading Company Limited in Pointe-a-Pierre. Boodram was the sole survivor.
In a virtual media conference back in May, Lynch said he did not anticipate the volume of evidence that he needed to go through. He gave those in receipt of “salmon letters” until June to reply.
Further adding to Lynch’s determination to ensure all is well is the outcome of a recent case in the High Court between Former Udecott chairman Calder Hart and Udecott in the Las Alturas Commission of Enquiry and another case from the UK, R (Hexpress Healthcare Ltd) –v- Care Quality Commission (2023) EWCA Civ 238.
“These cases deal with a range of issues to ensure fairness to everyone and that the parties have a fair opportunity to make their case in particular where there are to be criticisms of individuals that may affect their careers and lead to recommendations as to criminal conduct or a potential for the breach of a duty of care,” Lynch explained in the release.
“This Commission of Enquiry has sought to ensure that very outcome and everything it has done has been to ensure that no one is shut out.”
Lynch said his commission has received 400 pages of responses which it will need to address.
“This process generates delay but it is a price worth paying to ensure a robust report insulated from unfairness,” Lynch said.
The commission originally promised to issue the report by Easter, then pushed that deadline back to August.