Caption: Berth 6 – the site where four men lost their lives inside a sea line. AZP News/Sue-Ann Wayow
AN attorney for Land and Marine Construction Services Ltd (LMCS) slams a press release by Paria Fuel Trading Company Limited stating that it was frustrated by lack of information from LMCS and the legal representatives of the affected families in processing claims of compensation.
In a press release on Tuesday, Dinesh Rambally said that Paria’s communique on Monday was patently self-serving.
Following a commission of enquiry into the tragedy of February 25, 2022, Paria has been in contact with the families of the four divers who lost their lives – Fyzal Kurban, Kazim Ali Jr, Rishi Nagassar and Yusuf Henry – and the lobe survivor Christopher Boodram.
Rambally said that LMCS decided to delay any response to Paria’s communique issued.
He said, “On reading that document, LMCS’s attorneys believed Paria’s attorneys might not have been consulted prior to its issuance, and it ought properly to be recalled.
“Further, LMCS prefers to refrain from commenting on the matters raised in the communique in the hope that parties would not become unnecessarily polarised, and instead be able to work in the interest of the sole surviving diver and the deceased divers’ families.
“Nonetheless, LMCS is constrained to point out that Paria’s communique is patently self-serving.”
He said the release was a clear attempt to deflect from its responsibility by sidestepping the elephants in the room- its breach of its duty and overall legal culpability.
Rambally said that Paria failed to mention “without prejudice” correspondence to and from LMCS together with several other issues at play.
He said, “Following the Lynch Report out of the Commission of Enquiry, pressing issues including, but not limited to, Workmen’s Compensation claims (for LMCS’ consideration), insurer’s liability, OSHA complaints and criminal complaints remain pending.
“In any event, the ‘without prejudice’ stipulation, expressly introduced by Paria’s attorneys, means that a certain privilege attaches to the contents of any negotiations which would encourage the parties to settle their differences rather than litigate them to a finish.
“This means the avoiding of a protracted legal battle, but also potential legal consequences that might follow from the Lynch Report. In light of Paria’s most recent communique, LMCS will now have to seek clarity from Paria’s attorneys as to the bona fides of its ‘without prejudice’ correspondence.
“LMCS remains committed to bona fide efforts involving all stakeholders towards a considered and reasonable resolution of the matter. However, LMCS is of the firm view, based upon all the facts and relevant principles of law, that Paria could achieve a prompt and fair resolution of ALL issues and/or matters if it notified all stakeholders of its full acceptance of responsibility for the tragic accident.”
