Senior Reporter
sascha.wilson@guardian.co.tt
Dismissing allegations of bias and calls for his recusal, chairman of the Commission of Enquiry (CoE) into the Paria diving tragedy, Jerome Lynch KC, says he will not be deterred from preparing the report.
He was speaking at a virtual media conference on Wednesday to address the commission’s third request for an extension for the submission of the report.
Lynch revealed that lawyers representing Kenson Group employees, Heritage Petroleum Company Ltd and Paria Fuel Trading Company had sent letters asking for their recusal. Kenson’s letters were sent on August 2 and July 31, while Heritage and Paria’s letters were sent on Tuesday.
“Both suggest they have been unfairly treated and that the commissioners, I suspect primarily me, have displayed an apparent bias and that we should be recused. I do not deal with the merits of those complaints now as they have yet to be fully articulated, and a press conference is not the right forum.
“But, whilst I wholeheartedly reject those allegations, I would have thought that if there was to be an application for recusal on the grounds of apparent bias it is normal. In the first instance, for that to be made before the tribunal engaged in the process,” Lynch said.
However, he said no request has been made for the CoE to resume sitting to hear such an application. In answer to a question, Lynch said if the parties choose to initiate legal action that is a matter for them, but the commission will not be deterred from its task.
“If they are going elsewhere, that is to say to the high court, to seek to have us prevented from publishing the report or providing the report, as one of them suggested our approach has been irretrievable, that is a matter for them. I can’t and won’t delay my task in preparing this report,” he added.
Lynch noted that the commission has now received responses from all involved, but no one refused to respond or has withdrawn from the process. Lynch also dismissed speculation that the cause of the delay was a result of interference—politically or from Paria.
“I can state categorically that is not the case. If there were even a whiff of such an approach, I would make that very public indeed.”
Lynch added that after initial hiccups with the necessary facilities, the Government and, in particular, Energy Minister Stuart Young have done all they could to facilitate and expedite the commission’s report.
He was confident the Government would publish the report in short order once concluded.
Lynch apologised to the families of the four divers who died and the lone survivor Christopher Boodram, who had issued a joint statement rejecting a further extension to submit the report.
“Whilst we do not accept that their criticism is entirely fair, we can and do understand their deep sense of frustration at this further delay and I therefore apologise to them, first.
“That apology is extended to everyone awaiting the final outcome of this report. It is clear from the families and others that they have already formed the view that they hold Paria responsible. We do not have the luxury of pre-judging. We must approach this in an unbiased, objective way, examining all the evidence before reaching our view of the facts and what that means for the people involved,” he said.
The CoE commenced a year ago to look into the circumstances that led to the deaths of Fyzal Kurban, Rishi Nagassar, Yusuf Henry and Kazim Ali Jr after they got sucked into a pipeline at Paria Fuel Trading’s facilities at Berth 6.
Kenson responds, claims no move to delay report
The attorney representing Kenson has denied that they asked for the commissioners’ recusal.
Contacted for a response to Lynch’s claim, attorney Chase Pegus said, “It is not accurate to say that we have asked or threatened to ask for any recusal. We wrote to Mr Lynch by letter dated 31st July to which letter we have received no substantive response. Yesterday, a day before he was scheduled to have his press conference, we received a letter indicating that a substantive response would be provided in due course.”
He did not provide a copy of the letter nor did he indicate the nature of their letter to the Commission.
Pegus also denied that Kenson attempted to delay the report.
“The fact that our correspondence was used to justify the substantial delay now being occasioned is inexplicable. We observe, too, as we did in our letter of 31st July, that no recent decision of any court has rewritten the law in a manner which would warrant or justify the substantial delay. We therefore dissociate ourselves entirely from the delay and have seen no true justification for it,” he said.
Attempts to reach Paria attorney Gilbert Peterson SC were unsuccessful.