By Prior Beharry
ATTORNEYS acting for the surviving diver and the families of two of the deceased ones in an incident during the repairing of an underwater line at the Paria Fuel Trading Company on February 25 is calling for the preservation of all records.
A letter was sent by senior attorney Prakash Ramadhar to Chairman of Paria Newman George on Friday titled Incident at No. 36 Sealine Rise on Berth #6 at Paria Fuel Trading Company.
Ramadhar is acting with Kiel Taklalsingh Stefan Ramkissoon of Sovereign Chambers, Ted Roopnarine and Kishore Ramadhar.
The attorneys are acting for the only surviving diver of the incident Christopher Boodram and the families of Yusuf Henry and Fyzal Kurban who passed away and whose bodies were found in the sealine.
The other two divers who died in the incident are Rishis Nagassar and Kazim Ali Jr who is the son of the owner of LMCS, the company contracted by Paria to do the work on the underwater pipeline.
The letter stated, “From our preliminary instructions, it is beyond reasonable dispute that Paria Fuel Trading Company (PFTC) acted with callous disregard for human life, was reckless and grossly negligent in its conduct, and perpetrated an unparalleled insensitivity in its communication with the families of these victims.
“The gruesome manner in which our clients have lost their loved ones is perhaps only surpassed by the cruelty with which PFTC has communicated with them and managed this disaster.
“Some of the facts of this tragedy are well known and already in the public domain and will be crystallized to you in due course by way of Pre-Action Protocol Letter.
“As you may appreciate, our clients require a period of bereavement; however, rest assured that they intend to vigorously pursue and obtain justice in this manner and hold each and every culpable individual accountable for their actions.”
Stating that some of the guilty parties in the calamity continue to work at Paria and have unfettered access, the families demand that George:
- Take all necessary steps to immediately preserve and protect any and all records (inclusive of audio visual and digital records), documentation, reports, logs, notations, contemporaneous records and statements relating to the incident which occurred; and
- The preservation of all instructions and directives (both prior to and during the period of the rescue attempt) issued by and on behalf of PFTC with respect to this incident.
George has seven days in which to respond to the letter or else the attorneys with approach the High Court for “appropriate remedies.”
What about LMCS? They should also be joined in the action with Paria. They should be named first and Paria second.