By Sue-Ann Wayow
NEITHER Heritage Petroleum nor Paria Fuel Trading Company has taken action against the Commission of Enquiry (CoE) investigating the deaths of the four underwater divers.
This was stated by Minister in the Office of the Prime Minister Stuart Young in Parliament on Friday.
Young said, “What has happened is that a letter has been written saying that there are allegations of bias and asking the Commissioner for a response but that is not legal action.”
He also distanced the government from the CoE.
“The government has not managed in any form or fashion how Heritage and Paria are approaching the Commission of Enquiry,” Young said.
In a statement to the media on Wednesday, CoE’s Chairman Jerome Lynch, KC, disclosed that both Paria and subcontractor Kenson
“I wholeheartedly reject those allegations,” Lynch said.
Speaking at a virtual press conference on Wednesday, Lynch said Paria’s attorneys are claiming a biasness towards them.
He said that both Paria and subcontractor Kenson attorneys have written to him expressing their concerns.
Lynch said, “It would be remiss of us and not in keeping with the purpose of this press conference not to tell you that we have received letters from lawyers representing Kenson’s employees on 2 August (and previously) and from lawyers representing Heritage and Paria yesterday. Both suggest they have been unfairly treated and that the Commissioners, I suspect primarily me, have displayed an apparent bias and that we should be recused.
“I do not deal with the merits of those complaints now as they have yet to be fully articulated and a press conference is not the right forum. But, whilst I wholeheartedly reject those allegations, I would have thought that if there was to be an application for recusal on the grounds of apparent bias it is normal, in the first instance, for that to be made before the tribunal engaged in the process. As yet, no request has been made for the CoE to resume sitting to hear such an application.”
A further question was asked if Lynch was friends with Attorney General Reginald Armour and state attorney Gilbert Peterson, SC, who is also the lead attorney for Paria in the CoE and if any personal ties would have been seen as a conflict.
Lynch was also asked if he worked together with them previously on a corruption case in the Turks and Caicos against the former premier Michael Mysick.
Lynch agreed to a friendship with Armour and working with him.
He responded, “We co-defended in a long-running trial in Turks and Caicos and both being away from home struck up a good relationship, socialising together and I may be responsible for him learning to play golf.
Lynch added, “I fail to see how that can have any effect on my ability to act fairly and impartially in relation to a public enquiry where neither he nor his department are party to the proceedings. I have not discussed the matter with him at all and he has not sought to do so with me.”
Regarding Peterson, he said he only met him while conducting the CoE.
“Gilbert Peterson, SC, was unknown to me other than by reputation until I commenced this CoE. During the hearings apart from exchanging pleasantries we had no extra-judicial contact. He is now instructed in the Michael Mysick matter which has yet to start following the death of the former judge.”
At the press conference, Lynch addressed issues raised by the widows of the four men who died, back in February, 2022 while they were stuck in a pipeline at Paria’s Berth 6.
He said he could understand the pain and frustration of the relatives of Yusuf Henry, Rishi Nagassar, Fyzal Kurban and Kazim Ali Jr who are yet to know the details of the extensive public enquiry that began last year September.
Lynch apologised for requesting a delayed deadline for another time.
“Whilst we do not accept that their criticism is entirely fair, we can and do understand their deep sense of frustration at this further delay and I therefore apologise to them, first. That apology is extended to everyone awaiting the final outcome of this report,” he said.
Lynch said however that while the relatives may want to cast sole blame on Paria, the CoE was not at liberty to do the same.
He said, “We must approach this in an unbiased, objective way, examining all the evidence before reaching our view of the facts and what that means for the people involved.”
The CoE Chairman said he believed that when he set the April 2023 deadline for the report, it was ambitious but achievable.
However, after 78 witnesses generating circa 3,350 pages of detailed evidence and circa 13,500 pages of exhibits, videos, audios, pictures, transcripts, letters and other correspondence, more time was needed.
Further to that, he referred to a ruling by the Court of Appeal on June 9 concerning the Las Alturas Housing matter which unusually provided guidelines for the conduct of a CoE and the CoE will be such guided causing an additional delay.
The CoE is now conducting private proceedings and several procedures are yet to be followed.
He said, “We place no blame at anyone else’s door for this delay. The delay, such as it is, is mine, I have decided that we will take a little more time and add additional safeguards so as to ensure fairness to all and limit the potential for further litigation aimed at thwarting the legitimate aims of this enquiry.”
On August 28, Lynch applied to President Christine Kangaloo requesting an extension to the deadline for producing the report and made that application public which was followed by a public statement from the relatives of the divers along with sole survivor of the incident Christopher Boodram.
He also said the delay was not a result of neither political nor company interference.
“If there were even a whiff of such an approach, I would make that very public indeed,” Lynch said.
