PARIA Commission of Enquiry (CoE) chairman Jerome Lynch KC dismissed a request from Paria Fuel Trading Co Ltd not to allow relatives of four divers who died on its premises last year, to address the commission.
He made this ruling during an evidentiary hearing by the CoE at Tower D of the Port of Spain International Waterfront Centre on Monday.
Kazim Ali Jr, Fyzal Kurban, Yusuf Henry, Rishi Nagassar and Christopher Boodram were doing routine maintenance on a 30-inch pipeline at Berth 6, belonging to Paria Fuel Trading Co Ltd,t Pointe-a-Pierre on February 25, 2022, when they were sucked into the pipeline. Only Boodram survived.
Paria and Heritage Petroleum lead counsel Gilbert Peterson SC, objected to relatives of Ali, Kurban, Henry and Nagassar being allowed to make statements to members of the commission.
While empathising with the families of the divers, Peterson did not believe any statements made by any of them would assist the commission in its work or were permitted by the CoE's terms of refefence.
"It is of no probitive value."
Peterson claimed their statements could be prejudicial against Paria.
In dismissing Peterson's request, Lynch said, "In relation to the specific terms of reference, this commission had been given, I made very clear on the very first day when we sat, when I as the chairman, introduced the issues to the enquiry that I did not regard myself in any event as being confined by them (terms of reference)."
While the commission is guided by its terms of reference, Lynch said he is prepared to hear any other facts that may help the commission to do its work.
The manner in which the relatives of the divers were treated by Paria, he continued, is information that is relevant to the commission.
Lynch ruled that three people representing some of the families would be allowed to address the commission on Monday. He said the statements they will read are "admissible and relevant to this enquiry."
He said these people would be permitted to read their statements to the commission, would not be allowed to cast blame on any party before the enquiry and all attorneys appearing before the commission cannot question them on their statements.
"The reasons for that decision will be given tomorrow (Tuesday) morning."
While people representing some of the other families submitted statements they wanted to read to the commission, Lynch reserved judgement on whether or not they would be allowed to do so.
Paria lead counsel Ramesh Lawrence Maharaj SC said the commission's terms of reference allows the commission to "make any other recommendations that may be deemed necessary in the circumstances."
He believed it would be "an abdication of the responsibility of the commission, not to allow the families of the deceased persons to say what they want to say."
Attorneys Prakash Ramdhar and Asif Hosein Shah objected to Peterson's request.
Ramadhar, who represents the Henry and Kurban families, said the incident did not end on February 25.
"This commission is fully entitled to look n