A ruling by this country's highest court, the Privy Council, will determine whether 12 charges filed by the Occupational Safety and Health Authority and Agency (OSHA) in the Paria diving tragedy after a six-month time limit is valid.
The charges filed against Land Marine Construction Services (LMCS), Paria Fuel Trading Company, and three of Paria’s executive managers arising out of the 2022 diving tragedy will remain on hold pending the Privy Council's ruling.
In 2023, OSHA lost its case in an unrelated matter when the Court of Appeal held that the complainant only has six months from when the cause of action became known to OSHA to file a claim.
If the Privy Council agrees with the local court ruling, the charges against LMCS and Paria and its three managers will fall by the wayside.
The bulk of the five complaints were against LMCS, with two against Paria, its general manager Mushtaq Mohammed and terminal operations manager Collin Piper and one against technical and maintenance manager Micheal Wei.
Today marks two years since five LMCS divers were sucked into a pipeline at Paria’s Berth 5 facilities off Pointe-a-Pierre.
Christopher Boodram, Kazim Ali Junior, Fyzal Kurban, Yusuf Henry and Rishi Nagassar – were repairing a 30-inch pipeline when they were sucked in. Only Boodram being able to get out. The others remained trapped inside. Their bodies were removed from the pipeline days later.
Families of the men held a second-anniversary walk in Couva on February 24, calling for justice.
The OSHA’s complaints were filed on December 13, 2023, in the Industrial Court. A report by the Commission of Inquiry into the diving tragedy was delivered to President Christine Kangaloo on November 30, 2023, and the report was laid in Parliament on January 19.
LMCS has since filed a cross-complaint against Paria, accusing the state-company of causing the accident which claimed the lives of its employees by changing the scope of works they were contracted to undertake. It also maintains it is not liable for what took place two years ago.
LMCS also maintained that it was prevented by Paria from rescuing its workers and saving their lives.
The commission of enquiry recommended charging Paria with corporate manslaughter.
“There is not a strong enough case to recommend the prosecution of any one individual. However, the law permits a corporation to be charged with manslaughter. The DPP is reviewing the recommendations of the report.
The report said there was evidence to prosecute Piper and LMCS head Kazim Ali Snr (whose son died in the tragedy) and their firms for offences under the Occupational Safety and Health Act. The report said the deadline to file such proceedings at the Industrial Court was two years after the incident, February 24, but recommended this be extended to three years.
According to the complaints against LMCS, named as the first defendant in the action, between January 7-February 28, 2022, the company committed a safety and health offence when it failed to ensure the safety, health and w
