Caption: From left, sole survivor Christopher Boodram, Kazim Ali Jr, Yusuf Henry, Rishi Nagassar and Fyzal Kurban
By Faith Edwards
THE government will make an ex-gratia payment, without any admission of liability, of $1 million to each of the families of the deceased divers and survivor Christopher Boodram involved in the Paria tragedy.
Prime Minister Stuart Young made the annoucement during the post-cabinet media briefing on Thursday. He denied it was done because it was done with general elections on April 28.
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He said the Cabinet unanimously approved the payment.
But, attorney for some of the families of the deceased divers Prakash Ramadhar said it was “too little, too late.”
Young said, “You would recall that (former) Prime Minister (Dr Keith) Rowley, right here at Whitehall, had met with the families some months ago. I was in a meeting as the minister in the Office of the Prime Minister and Minister of Energy. We had the then Attorney General Reginald Armour with us as well, engaging with the families of the survivors of those who lost their lives tragically in that incident, as well as the survivor Mr Boodram. Immediately coming out of that meeting, the government had engaged with Paria and asked that LMCS be engaged as well, to see how the matter could be settled with the families.”
Young said he has remained actively engaged in discussions with Paria Fuel and Trading Company at the board level urging them to find a resolution for the families of the deceased divers.
He acknowledged the legal challenges involved, and stressed that he continuously pushed for solutions. He described the process as frustrating, particularly for the families, and emphasized that the matter “needs to be settled.”
Young said, “The insurers for both LMCS as well as Paria, I am told, because I’ve been following up on this more than once weekly for the past few months, are the ones who are quarrelling and arguing about liability who is at fault, because in a situation like this, there is not yet a definitive determination of who and which company was at fault, so in law you call that joint tortfeasors, there’s more than one who may be at fault.”
He said, “I’ve had enough, and as prime minister last week I’ve been keeping the cabinet engaged on the conversation keeping them abreast of the frustrating conversations I was having because the government had always wanted that these matters being settled.”
Young said, “The Cabinet has today confirmed what I asked them last week collectively and unanimously the government of Trinidad and Tobago is going to make an ex-gratia payment which means without any admission of liability, but recognizing the difficulty and the trauma and the tragic circumstances of these divers and we’re going to make ex gratia payments of $1 million dollars to each of the families of the deceased divers and to Mr Boodram in an ex gratia manner without any admission of liability. So, at least the families, would be able to get some measure, there is no compensation, there is no financial compensation that can compensate for the loss of life in those circumstances.”
He said, “You would recall we had a commission of inquiry there was full participation by the government, we made sure that all of the facts were put there, there was a report and the government has remained engaged, but ultimately, I can’t force the insurers, I can’t force the lawyers to do something that we all knew as citizens of Trinidad and Tobago. We would have liked to have been done a long time ago, which is to assist the families financially, it will never be enough to compensate them, for the pain and the tragic circumstances.”
In a recorded statement, minutes after the prime minister’s announcement, attorney for some of the families of the divers attorney Prakash Ramadhar said I was “too little, too late.”
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Ramadhar said, “A mere few weeks away from a general election, it is not a surprise that it is suddenly dawned upon this government that they should do the right and honorable thing and make an ex-gratia payment to the families of the deceased from the Paria incident. It is a call that has been made several years ago, but today the Prime Minister announced, but I say $1 million after this time, too little too late, of course we take instructions from our client and then we will see where we are. It is also very troubling that the figure that has come up with of $1 million comes in the light of the Attorney General, attempting to sue the Leader of the Opposition for $4 million dollars, supposedly on the basis of a defamatory statement.”
He added, “How do we come to a parity where the life of a citizen is not worse, the possible defamation of a public official $4 million is what they’re claiming for that, $1 million for the life that has been lost and the families who will suffer for all of their existence, there is no equality, there is no fairness, and suddenly in the light of an election you come with this? Come now, Trinidad and Tobago, elections have consequences, this is one of them, we are not to be easily fooled, but at the same time, we are happy that this government in its last few days, is seeing the light, God bless.”
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On February 25, 2022, Fyzal Kurban, Kazim Ali Jnr, Yusuf Henry, Rishi Nagassar and Christopher Boodram were sucked into a 36-inch pipeline at Berth No 6 at Pointe-a-Pierre. Boodram was the lone survivor.
A Commission of Enquiry said that Paria should be charged with corporate manslaughter and that the families of the divers should be some kind of compensation.
