The newly-appointed chairman of the commission of enquiry into the Paria diving tragedy says no stone will be left unturned in the quest to find out how Kazim Jeremiah Ali, Yusuf Henry, Fyzal Kurban and Rishi Nagassar died on February 25.
Queen’s Counsel Jerome Lynch, during a news conference on Thursday at the Southern Academy for the Performing Arts (SAPA), San Fernando, said the commission’s job was to find the facts and not to comment on speculation about things which are allegedly connected to the tragedy. The commission will also not comment on things which could or could not affect its work.
Lynch is a senior litigator at Trott and Duncan in Bermuda, and a QC at Cloisters Chambers in London. He was sworn in on Wednesday by President Paula-Mae Weekes replacing Sir Dennis Morrison who resigned last month citing personal reasons. He joins local subsea specialist Gregory Wilson.
Accompanied by lead counsel to the commission, Ramesh Lawrence Maharaj, SC, Lynch spoke directly to the families of the dead men.
"It is wholly uncontroversial to say it would not have been an easy death for those four men, and it should not have happened."
He said the commission will identify whether there was negligent conduct, misconduct, or criminal conduct before, during or after the tragedy.
Lynch said it was not the commission's job to "ascribe specific liability to any individual or entity.
"We will identify the facts and say whether that gives rise to reporting the matter to any other authority for further investigation."
He said the commission will also make recommendations to minimise the risk of similar events happening in the future.
The public, he said, will have access to the hearings.
“We will ensure that it (enquiry) is available online to you."
Lynch said documents and evidence before the commission could be accessed by the public.
At the end of the enquiry, the commission will submit its report to Weekes.
Lynch said the commission has a six-month timeframe from the date of its first public hearing to complete its report.
Maharaj said Paria, the Coast Guard and LMCS Ltd (the employer of the four divers) are among those who the commission would seek evidence, statements, and documents from.
Letters will be sent to these individuals and entities within the next seven to ten days. Maharaj said they would be required to respond either electronically or in-person at the commission's secretariat at SAPA.
"They would then be invited to be interviewed by the commission and witness statements would be prepared for them. They (the statements) would be signed by them, and they would be called to give evidence at the public hearings.”
Under the Commission of Enquiry Act, the Paria commission has the power to summon witnesses to give evidence under oath. These witnesses can also be cross-examined by attorneys for other parties appearing before the commission.
Maharaj said enquiry witnesses must obey the commission's summons which are like subpoenas issued by the High Court to witnesses. Section
