AUGUST ended with more bad news for the families of the victims of the Paria diving tragedy. The commission of enquiry into last February’s deadly incident announced yet another postponement of its final report.
While such a postponement is routine, delay in acting on the part of officials is at the heart of this matter, and the prospect of things dragging on and on simply worsens the distress.
However, the decision by enquiry chairman Jerome Lynch, KC, to be cautious and to seek a second extension for submitting his report is potentially a positive sign.
Lynch said the further delay was partly due to a desire to ensure some of the parties involved receive extra time to make their case.
Plainly, this suggests the commissioners are likely to have seen enough – having examined all the evidence, both public and otherwise, as well as the law – to make not only adverse findings but also to consider recommending action by law-enforcement authorities over potential criminal liability. Such recommendations would be incredibly serious.
However, just as there are clear signs of the escalation of this matter, there is also greater reason to be concerned over the prospect of justice being served.
That the commissioners anticipate legal challenges is an indication that they intend to make serious findings of culpability. But it is also a clear acknowledgement that litigation may well be inevitable, whatever the nature of the conclusions drawn.
The history of enquiries reflects the litigious nature of our society, more so when what is at stake involves the intersection between personal interests, political agendas and billion-dollar corporations.
With very few exceptions, there is no enquiry on record that has not been sued or endured the threat of lawsuit by one of the parties involved. This is what may well be ahead.
But the conduct of the parties is one thing, the conduct of the State another.
Delay in the report is concerning because also at stake here are issues relating to worker safety.
The fatal incident at NiQuan Energy Trinidad Ltd in June, which involved an employee of Massy Energy Engineered Solutions Ltd (MEES), raises questions over whether standards are improving.
“They say OSHA will protect you,” said Christopher Boodram, the sole survivor of the Paria incident, this week, referring to our safety watchdog. “I’m not feeling protected.”
The Government’s stance on the NiQuan incident, in which it cited the limits of contract terms when it comes to accountability, raises further questions over the fate of the Paria report.
It is unclear whether the Cabinet will release the report or even act on it, especially if there is cause to have it referred to law-enforcement authorities. That is worrying.
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