Caption: From left Kazim Ali Jr, Yusuf Henry, Rishi Nagassar and Fyzal Kurban
DIRECTOR of Public Prosecutions (DPP) Roger Gaspard, SC, has asked Police Commissioner Erla Christopher to initiate a criminal investigation to determine if there is sufficient evidence to charge any individual or corporate entity with manslaughter by gross negligence in connection with the Paria diving tragedy that claimed the lives of four divers.
In a media release on Tuesday, Gaspard said that after reviewing the report from the commission of enquiry (CoE) chaired by Jerome Lynch, KC, he identified manslaughter by gross negligence as the only possible non-regulatory criminal offence that could have been committed.
Unlike the United Kingdom, Trinidad and Tobago does not have statutory provisions for corporate manslaughter, he said.
Gaspard noted that he met with the Police Commissioner on May 8 and subsequently wrote to her on May 10, advising that the Trinidad and Tobago Police Service (TTPS) should conduct a criminal investigation to ascertain whether there is enough evidence to charge any individual or corporate entity with manslaughter by gross negligence.
Gaspard said that the commission of enquiry report alone does not constitute evidence and lacks the necessary components to prove the offence. He confirmed that Commissioner Christopher has appointed an officer to lead the investigation.
In response to the DPP’s statement, Paria Fuel Trading Company Ltd announced that it would seek appropriate legal advice and follow the guidance received regarding any upcoming investigations.
The commission of enquiry into the diving tragedy, which cost $15.6 million excluding legal expenses borne by Paria Fuel Trading Company and other involved companies, was launched following the incident on February 25, 2022. On that day, LMCS divers Rishi Nagassar, Kazim Ali Jr, Fyzal Kurban, Yusuf Henry, and Christopher Boodram were conducting maintenance works when they were sucked into a 30-inch pipeline belonging to Paria. Boodram was the sole survivor.
CoE chairman Lynch declared the tragedy was not an “act of God” and recommended that Paria be investigated for corporate manslaughter. The report also indicated that there was sufficient evidence to prosecute Paria Fuel’s terminal operations manager, Colin Piper, and LMCS owner, Kazim Ali Snr, for offences under the Occupational Safety and Health (OSH) Act. Both Paria and LMCS were advised to face charges under the same act.
The report was delivered to President Christine Kangaloo on November 30, 2023, and in January, Energy Minister Stuart Young informed Parliament that the Cabinet had forwarded the report to the DPP.
While the Police Commissioner has been tasked with further investigation, actions have already been taken against Paria and LMCS officials under the OSH Act. In July, the matter was brought before a San Fernando magistrate in a virtual hearing.
