Caption: From left, sole survivor Christopher Boodram, Kazim Ali Jr, Yusuf Henry, Rishi Nagassar and Fyzal Kurban
By Sue-Ann Wayow
PARIA Fuel Trading Company has refused to release the specific fees paid to attorneys who appeared for the entity in the Commission of Enquiry into the deaths of four divers in February 2022.
The company cited the current crime situation in the country where it stated that attorneys were being targeted by criminals.
Former Petrotrin employee Anthony Dopson had requested, via the Freedom of Information Act, the sum of monies paid to each lawyer representing Paria in the enquiry.
He received the information on June 10, in a letter sent by law firm Johnson, Camacho and Singh (JCS Caribbean) acting on behalf of Paria.
It was sent to Dopson’s legal representative – Freedom Law Chambers headed by former attorney general Anand Ramlogan, SC.
The letter written by Kendell Alexander, of JCS Caribbean, stated, “In light of the present socio-economic climate in T&T, in which attorneys-at-law are being targeted by criminal elements, it is our client’s position that it would be an unreasonable disclosure of personal information to provide documents disclosing the names of each attorney-at-law on Paria’s Commission of Enquiry Team and the total fees paid to them.”
That letter states, “We hope the attached wholly satisfies your client’s request and brings closure to the captioned matter.”
Dopson filed a Freedom of Information request on October 25, 2024, seeking copies of official documentation which stated and outlined the total legal fees paid by Paria to Gilbert Peterson SC and Associates for his legal representation in the CoE.
In response, Paria stated that Peterson was paid $8.9 million in total for his representation, which also encompassed payments to individual lawyers on his team, in addition to Peterson, Jason Mootoo, SC, Gretel Baird, Thane Pierre and Sebastian Peterson.
However, Dopson via the Freedom of Information Act on January 6, 2025 again requested the breakdown of payment to the attorneys.
Initially, Paria refused to release the information citing that attorneys could be targeted by criminals.
Via letter dated February 6, 2025, JCS Caribbean had stated, “It is our client’s view that the disclosure of the total sum paid to each Attorney-at-Law will in fact place their personal safety in jeopardy.”
But further persistence by Freedom Law Chambers via pre-action protocol letter led by Anand Ramlogan, SC, led to Paria releasing the invoices on June 10.
On March 10, JCS again wrote to the Freedom Law Chambers, stating that Paria was required to notify the individual attorneys of the legal team for the CoE of the request and its decision to disclose the documents.
JCS stated, “The attorneys have been notified on account of the information requested amounting to personal information. Following this notification, the attorneys may exercise their right to apply to the High Court for judicial review of Paria’s decision within a period of three months.
“In these circumstances, we ask that you hold your hands as we await a response from the attorneys and/or the expiration of the aforementioned period, or alternatively after the determination of any judicial review proceedings initiated by them regarding Paria’s decision. If no response is forthcoming, after the expiration of the three – month period the invoices issued by the legal team to Paria for representation at the Commission of Enquiry will be disclosed to your client.”
Almost exactly three months later, the information has been released – invoices and cover letters.
The sum was disclosed as an aggregate for each invoice period, with the amount paid to Peterson SC, Mootoo, Baird, Pierre and Sebastian Peterson also listed individually for each period. But the names of the individul attorneys were redacted.
The breakdown (VAT included) is as follows:
· Invoice No.1 – For the period March 1, 2022 to May 31, 2022 – $1,189,163.13
· Invoice No. 2 – For the period June 1, 2022 to August 31, 2022 – $1,558, 971.69
· Invoice No. 3 – For the period September 1, 2022 to November 30, 2022 – $1,724,845.78
· Invoice No.4 – For the period December 1, 2022 to January 31st, 2023 – $1,987,752.13
· Invoice No. 5 – For the period February 1, 2023 to July 31, 2023 – $1,539, 815.44
· Invoice No. 6 – For the period August 1, 2023 to December 31, 2023 – $951,205.31
The total fees were paid to Peterson, SC, for disbursement to the other members.
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 receive some kind of compensation.
