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Friday, April 4, 2025

CoE chairman: Paria diving tragedy no act of God; President gets report today

by

Kevon Felmine
491 days ago
20231130

Twen­ty-one months af­ter LM­CS divers Fyzal Kur­ban, Kaz­im Ali Jr, Yusuf Hen­ry and Rishi Na­gas­sar died trag­i­cal­ly in­side a Paria Fu­el Trad­ing Com­pa­ny pipeline, the Com­mis­sion of En­quiry (CoE) has con­clud­ed its re­port on the in­ci­dent.

How­ev­er, whether the re­port’s con­tents are made avail­able to the pub­lic and the vic­tims’ fam­i­lies is up to the Gov­ern­ment. 

Chair­man of the CoE, Jerome Lynch, KC, an­nounced that he would hand over the 380-page fi­nal re­port to Pres­i­dent Chris­tine Kan­ga­loo to­day.

In the Com­mis­sion­er’s fi­nal sit­ting held vir­tu­al­ly yes­ter­day, Lynch said mem­bers sift­ed through tens of thou­sands of doc­u­ments, video ma­te­r­i­al, au­dio ma­te­r­i­al, vo­lu­mi­nous cor­re­spon­dence and tran­scripts of the ev­i­dence.

Kan­ga­loo will get all these ma­te­ri­als on a hard dri­ve.

De­spite re­quests for an­swers, Lynch said his po­si­tion does not per­mit him to re­veal any­thing but as­sured the an­swers about who is re­spon­si­ble are in the re­port.

“We are not at lib­er­ty to dis­close this re­port to any­one oth­er than the Pres­i­dent, but it is not re­al­ly for me to ar­gue oth­er­wise.

How­ev­er, this is a pub­lic en­quiry us­ing pub­lic mon­ey in­volv­ing fa­tal­i­ties. There can be no greater dri­ver to make this doc­u­ment avail­able to the pub­lic than those facts. I am con­vinced that no one wants to see this re­port gath­er­ing dust on some dusty shelf in the Gov­ern­ment of­fice some­where. It has to see the light of day, and I am con­fi­dent it will,” Lynch said.

LM­CS em­ploy­ees Kur­ban, Ali Jr, Hen­ry, Na­gas­sar and Christo­pher Boodram were con­duct­ing main­te­nance work on Paria’s Sealine 36 pipeline at Berth No.6 in the Pointe-a-Pierre har­bour on Feb­ru­ary 25, 2022.

The men re­moved an in­flat­able plug which trig­gered what is known as a dif­fer­en­tial pres­sure (al­so called Delta P) event that sucked them in­to the 30-inch line.

A bad­ly in­jured Boodram crawled and swam out of the pipeline, but the oth­ers could not.

Paria blocked res­cue at­tempts, cit­ing the dan­gers in­volved in do­ing so, and flushed out the men’s bod­ies days lat­er.

Lynch said yes­ter­day that the tragedy was “no act of God” and that every­one should en­sure it nev­er re­curs.

He lament­ed that one fea­ture of the en­quiry was that at no stage did any­one con­cede a sin­gle er­ror, mishap or recog­ni­tion of a fail­ure, even with hind­sight.

“We un­der­stand there is a de­sire not to ac­cept li­a­bil­i­ty lest that should in­cur fi­nan­cial re­spon­si­bil­i­ty in some civ­il suit at some lat­er stage, but these men, as I said, al­ready did not die by ac­ci­dent. What they and their fam­i­lies are left with is the pos­tur­ing of the po­ten­tial par­ties, per­haps chal­leng­ing the very find­ings of this in­quiry be­fore they start fight­ing with each oth­er, each in­sist­ing that they got noth­ing wrong.”

Lynch said T&T got vol­un­tary dive stan­dards for com­mer­cial div­ing in 1997, and the Bu­reau of Stan­dards at­tempt­ed to re­vise them in­to the 2010s.

How­ev­er, it failed amidst squab­bling by com­pa­nies with self-serv­ing in­ter­ests.

Lynch said it re­mains fac­tu­al that in an in­dus­try in­her­ent­ly dan­ger­ous in its op­er­a­tions, there are no com­pul­so­ry stan­dards in this coun­try.

Mean­while, mem­bers rou­tine­ly ig­nore the vol­un­tary stan­dards like every­one in the div­ing tragedy.

De­bunk­ing ru­mours of in­ter­fer­ence in the en­quiry, Lynch said they were un­true.

Lynch said he did not spend 40 years as a bar­ris­ter to be ca­joled by some com­pro­mised po­lit­i­cal, com­mer­cial or fi­nan­cial con­sid­er­a­tions. He said he got the job as the chair­man be­cause the Gov­ern­ment want­ed some­one in­de­pen­dent and un­taint­ed, and that is what it got. 

“This re­port pulls no punch­es. It is our hon­est ap­praisal of the facts as we see them. There may be those who will be dis­ap­point­ed. There may be those who will be out­raged and those who will wish to chal­lenge it.”

While there have been ru­mours sur­round­ing the cost of the en­quiry, Lynch re­vealed that ex­pen­di­ture was ap­prox­i­mate­ly $15.5 mil­lion. Giv­ing his per­spec­tive, Lynch said the CLI­CO en­quiry spent $500 mil­lion; the UDE­COTT en­quiry, $46 mil­lion; the coup en­quiry, $31 mil­lion; and the Las Al­turas en­quiry, $24 mil­lion.

He not­ed that the on­go­ing Solomon Ho­choy Ex­ten­sion High­way to Point Fortin en­quiry in­curred $11 mil­lion in costs be­fore and has not start­ed.

“We have con­clud­ed this en­quiry over a rel­a­tive­ly short time. Not as short as I had want­ed but a rel­a­tive­ly short time, and we have done so with­in what we re­gard as a not un­rea­son­able ben­e­fit of $15.5 or so mil­lion.”

Re­spond­ing to a ques­tion on com­pen­sa­tion from Na­gas­sar’s wid­ow, Vanes­sa Kussie, he said it was not in his re­mit.

“No­body, leave aside any per­son­al re­spon­si­bil­i­ty that any­one in­volved in this might feel, could fail to think that you need to be helped in a sit­u­a­tion. As I said, com­mon de­cen­cy. Isn’t it? One might have thought some sort of help would have been giv­en, and I am sor­ry that it has not been.”

Lynch said the com­mis­sion ob­served that the vic­tims re­ceived very lit­tle help in deal­ing with the men­tal and fi­nan­cial loss­es. He said mem­bers could not help but think the com­pa­nies in­volved or Gov­ern­ment could have ad­dressed it. He said it would have been an act of kind­ness and hu­man de­cen­cy to have made an ex-gra­tia pay­ment to the fam­i­lies when they need­ed it most with­out ac­cept­ing any li­a­bil­i­ty.

Kussie asked why the fam­i­lies did not get a copy of the re­port. How­ev­er, Lynch said, “I wish it were in my gift to give it to you be­cause I would like to do that, but it is not with­in my gift. That is a mat­ter for your Gov­ern­ment and your prin­ci­pal.”


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