By Sue-Ann Wayow
PART of the risk analysis conducted by Paria Fuel Trading Company Ltd should have taken into account relatives of the four underwater divers willing to risk their lives to save the ones who eventually died.
This was the point made by chairman of the Commission of Enquiry (CoE) Jerome Lynch, KC, on Wednesday.
Paria’s acting Technical Lead Catherine Balkissoon sat in the witness box and admitted she agreed with the instruction that all diving be stopped at Berth #6 in February, when the four underwater divers went missing.
The instruction came from Paria’s Terminal Manager Collin Piper.
She said she agreed with the instruction which she relayed to divers on site even after there were other commercial divers with diving equipment ready to go down into the pipe to search for LMCS employees, Fyzal Kurban, Yusuf Henry, Rishi Nagassar and Kazim Ali Jr.
Relatives of the men were also on site begging Paria to be allowed to dive into the pipeline to rescue their loved one.
Balkissoon also said she agreed with the instruction even after Christopher Boodram- the sole survivor of the incident came out of the pipe.
Paria at the time was awaiting a camera to assess the pipe conditions which came hours later although information about the conditions via Boodram was received.
Information was also received from Michael Kurban who ventured into the pipe to assist in rescue efforts before Piper gave his stand-down instruction.
Michael Kurban is the son of Fyzal Kurban.
Balkissoon said it was a great risk going inside a pipeline that had oil and at the time, Paria was unaware of the cause of the incident.
She said, “Paria also took action by telling LMCS not to dive, Paria also took action to say listen, hold up. Are you really sure you want to dive in there? Because these are the risks too. Some more lives could be lost. It’s a balancing act, right.”
Lynch said then, “It might be a different balancing act, if it was your father that was inside the pipe or your son.”
He soon after suggested a break.
But that line broke Balkissoon and she burst into tears.
“No…” she said.
At that time, Paria’s lead counsel Gilbert Peterson, SC, pitched in and told Lynch that he was being unfair to Balkissoon.
Peterson said, “I don’t think it is fair with the greatest of deference to do that to the witness. We on this side representing Paria has been respectful and sensitive to Mr Kurban, Mr Ali and all of that. It’s only fair, it’s only fair that we extend the same respect and deference to Paria’s witnesses who would have been… Pointing to Balkissoon… Obvious… It is not her family yes, but it is a human being as Mr Ramadhar would say..”
Lynch said it was not his intention to cause hurt to anyone.
“I say it straightaway, it is not my intention to upset anybody. I have been meticulous in trying to avoid doing that. Of course, I am very sorry if you are upset by this Ms Balkissoon.”
However he said, “Part of the risk analysis must include the person being willing to go into a pipe and take a greater risk. I cannot divorce myself from the fact that if it were my son, I would take a risk that I might not take if it were not my son.
“And that is a perfectly reasonable factor to take into account. And I am simply asking the question whether or not there were willing people prepared to enter the pipe and that risk whether that was factored into decided to prevent people from going into the pipe. That is all I am interested in.”
Lynch again apologised to Balkissoon for causing her any distress and the CoE then took a break.
