Senior Reporter
kevon.felmine@guardian.co.tt
While the Commission of Enquiry (CoE) into the Paria/LMCS diving tragedy recommends a charge of corporate manslaughter against the Paria Fuel Trading Company for the deaths of four divers in 2022, the Oilfields Workers’ Trade Union (OWTU) is calling on Director of Public Prosecutions Roger Gaspard to consider charging everyone the report finds accountable with criminal offences.
“Lock them up,” OWTU members and Vanessa Kussie, widow of fallen diver Rishi Nagassar, chanted with their forearms crossed during a media conference at the OWTU’s Paramount Building headquarters in San Fernando yesterday.
Roget said there should also be action against those who were responsible for putting safety systems in place, as they created an unsafe work environment that marked the divers for death.
“All who were involved and identified in the report, who were involved in the rescue effort and as a result of their failure, we are now discussing this today. We call for handcuffs to be placed on all of them and let them make a jail. It is only when people make jail in this country in this regard that employers will begin to sit up and take note and do the right things according to the law,” Roget said.
Nagassar, Fyzal Kurban, Yusuf Henry, Kazim Ali Jr and Christopher Boodram were carrying out subsea maintenance of Paria’ Sealine 36 at Berth 6 in the Pointe-a-Pierre harbour on February 25, 2022, when a Delta P event pulled them into the pipeline.
Boodram swam back to a hyperbaric chamber, where rescue divers pulled him out. Despite informing a response team that his colleagues were alive in the pipe, Paria prevented his LMCS colleauges from performing a rescue. Paria flushed the divers’ bodies from the pipe in the following days.
A commission appointed to investigate the incident and make recommendations found sufficient grounds to suggest DPP Gaspard consider prosecution against Paria.
Roget yesterday said Paria was not a name or building that made the decisions that led to the deaths but it was, rather, the Incident Command Team.
“Paria is people. It is the people who are at the top in the management of Paria, so when they talk about corporate manslaughter and criminal negligence, the corporate is not the building or the logo. It is the people. It is people who perform in the corporate.”
The OWTU boss also joined the list of people calling for the removal of Paria’s board of directors, saying it was those members who oversaw the unsafe operation at the company.
Roget said the directors were part of the overall fabric of Paria that prevented the rescue. He said chairman Newman George must leave regardless of whether he has connections with high-ranking officials.
“What we must take into consideration is that he failed and was part of an unfortunate debacle that led to the taking of the lives of these four human beings. And so this morning, we want to call specifically for the removal of Newman George. Newman George must go.”
The OWTU also called for the termination of Paria’s General Manager Mushtaq Mohammed, Terminal Operations Manager and Incident Commander Collin Piper and Communications Lead Nerissa Feveck.
Roget said the OWTU will monitor to see if the Government ignores citizens’ calls to remove those Paria officials.
He said the blood of the divers was on the hands of Prime Minister Dr Keith Rowley, deceased former Minister of Energy and Energy Industries Franklin Khan and current Energy Minister Stuart Young, for their roles in getting the OWTU out of Petrotrin, from which they restructured the company to create Paria.
He said had the OWTU been representing workers at Paria, those unsafe practices would not have existed.
“Had there been a union, or more precisely, had there been OWTU in Paria at the time, those four people would not have been murdered, and that is a fact,” he said.
Roget claimed the report would have been more extensive if the authorities had removed those responsible for the deaths during the investigations. He said there is nowhere else in the world where people would find an enquiry into such an incident, and those involved remain on the job.
“That call was supported by Senior Counsel Ramesh Lawrence Maharaj, but because of who is friends with whom and close political ties and who is friends with the man at the top, everybody kept their jobs. And as they kept their jobs, they intimidated a number of witnesses, so valuable witnesses that should have come forward, they were prevented. They were intimidated. Why? Because they wanted to have a job the following day, and, so they were forced to not come forward.”