Coast Guardsman: I Did Not Pronounce Death on Anyone

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By Sue-Ann Wayow

LIEUTENANT Commander Michael Maharaj of the Trinidad and Tobago Coast Guard is adamant that he did not tell senior officials of Paria Trading Fuel Company Ltd that the company should engage in a recovery operation and not continue its rescue efforts to pull four men out of a pipeline at Berth #6 in February.

However, Paria lead lawyer Gilbert Peterson, SC, outrightly told Maharaj he did not believe him.

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Maharaj, took the witness box on Monday during the Commission of Enquiry (CoE) evidential hearings at the International Waterfront Centre, Port-of-Spain.

The coast guardsman who met with Paria’s Terminal  Manager Collin Piper on February 26, some 20 hours after the divers went missing said he was not to pronounce death on anyone.

Peterson grilled Maharaj on his statements made to Piper that Saturday and the events occurring afterwards in which Maharaj was introduced to Paria’s General Manager.

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Peterson attempted to get out of Maharaj, his opinion of the condition of the men based on the information provided and based on his 20-plus experience as a Coast Guard officer.

He said Piper was exploring different options at the time, one which included the cutting the pipe.

Maharaj said, “I have no ability to pronounce people alive or dead.”

Peterson said neither did he, but asked Maharah again if he had any view of the likelihood of survival of the men and if he did, if he shared that with anyone.

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Maharaj said when the option to use water to flush the divers out was raised, he said he told Piper, “The view was, what I expressed to him… was that should this option be considered… You are basically extinguishing any and all hope of survivability.

“As far as I was concerned, there is no reason to see whether people are surviving or not especially when he told me that somebody who got out of the pipe spoke to other people.”

 After further questioning, Maharaj said he did not share his view with others but Peterson is claiming that Maharaj was the one who spoke about recovery to Piper and not rescue.

Peterson said, “You are the one who spoke about recovery, and you deny that right? Let’s get it on record, you deny that you’ve had that conversation?”

Maharaj said,”I have said that before and I am saying it again.”

Then, Peterson asked Maharaj about a meeting with Paria’s General Manager Mustaq Mohammed which allegedly took place at the staff club on the Pointe-a-Pierre’s refinery’s compound.

Maharaj said it was not a meeting but merely an introduction.

Peterson however told Maharaj, “I am putting to you that you are not speaking the truth.”

There was a pause.

Peterson continued, “Accept it or deny it. Because Mr Piper and Mr Mohammed would be coming to the box. I am putting it to you that you are not speaking the truth.”

Maharaj told Peterson, “Sir, I can’t  tell you what to put.”

Peterson said, “No, you could tell me it’s the truth you speaking. That’s what you could tell me.”

Maharaj said, “Sir, I am telling the truth.”

Peterson  then said, “Now that I put those words in your mouth you are speaking the truth.”

He had no further questions after that.

Maharaj earlier told CoE’s senior counsel Ramesh Lawrence Maharaj that when he met with Piper, Piper told him that based on information from commercial divers, they were attempting to formulate plans to rescue the divers, and the Coast Guard had already indicated they were not equipped for that type of job.

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He also said that Piper drew a diagram to show the pipeline similar to one used in the CoE’s hearings and that while the cutting of the pipeline was thought of, there were several other aspects to take into consideration such as the pipeline being concrete coated, it will take a long time to cut, it could get flooded and they were not sure where in the pipeline, the divers actually were.

Maharaj also said information provided to Piper by commercial diving experts was that it was unlikely Fyzal Kurban, Rishi Nagassar, Yusuf Henry and Kazim Ali Jr would have survived.

Maharaj also said Piper asked him what he thought of the situation and he told him that his job was just to receive information to pass on to his higher authorities.

Maharaj had also said then, that the flushing method would in fact extinguish any hope of being able to retrieve the divers alive.

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