Attorneys representing the Paria Fuel Trading Company Ltd and the Land and Marine Construction Services Ltd (LMCS) laid out their respective arguments before a commission of enquiry (CoE), in which they each ascribed responsibility for the deaths of four divers to the other.
The divers – Kazim Jeremiah Ali, Yusuf Henry, Fyzal Kurban and Rishi Nagassar – died while working on a pipeline at the Paria Fuel Trading Company in Pointe-a-Pierre on February 25.
They worked with LMCS which was contracted by Paria to do maintenance work.
During the third session of the CoE on Monday afternoon, chairman Jerome Lynch, KC, heard arguments from attorneys representing the companies.
Addressing the commission, Gilbert Peterson, SC, who represents Paria and the Heritage Petroleum Company, gave a summary of the evidence and witness testimonies they will present.
Referring to the removal of a mechanical and an inflatable plug from the pipeline, which is believed to be what led to the trapping and eventual deaths of the divers, Peterson said Paria was "in the dark" over their removal, as no instructions were given to do so.
He said LMCS's failure to notify Paria hampered rescue efforts, as the former did not provide information as soon as the incident happened.
"Put differently, Paria was entirely in the dark as to the intended removal of the mechanical plug and the inflatable plug on that fateful day.
"The evidence will disclose that the tender process envisaged by LMCS, as the contractor undertaking the work, was directly responsible for any immediate emergency response, with appropriate follow-up support from Paria given thereafter.
"To this end, LMCS was required to have, among other things, divers and other diving support equipment in order to facilitate an emergency response – an effective emergency response.
Peterson also asserted that in selecting a contractor, Paria ensured the company met the necessary requirements and would be prepared to render emergency aid.
"Significantly, Paria's evidence will reveal that LMCS failed to notify Paria of the incident at the time it occurred and that Paria, upon learning of the incident, actively pursued LMCS for information, with a view to providing the support and any resources that it could have deployed.
"It dawned on me: if LMCS has, as they claim, been forthcoming with their information, and now everyone knew the men were in the pipe when the incident occurred, why would everyone be searching out in the sea?
"Because there is clear evidence – uncontroverted, uncontradicted – that there was a wide sea search. If it were all common knowledge that when the incident occurred the men were sucked into the pipe. then it would be a mystery to explain why there would have been that extensive search at sea."
Commenting on Paria's response, Peterson said the company was careful not to endanger more lives by ordering more divers to try to rescue those trapped.
In her address, the at
