No Politics in Enquiry into Divers’ Deaths say Commissioners

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By Sue-Ann Wayow

THE investigation to be conducted by the newly appointed Commission of Enquiry (CoE) into the deaths of four underwater divers in February will not be politically influenced in any way.

This is the assurance being given by the two commissioners Justice Dennis Morrison and subsea specialist Gregory Wilson as well as the lead counsel to the CoE former attorney general Ramesh Lawrence Maharaj, SC.

Morrison and Wilson on Friday morning, received their instruments of appointment from Acting President Christine Kangaloo.

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The Commissioners are to examine and enquire into all of the circumstances which led to the tragic incidents which occurred on  February 25 at facilities owned by Paria Fuel Trading Company Limited located at No 36, Sealine Riser, Berth No. 6, which led to the deaths of four employees of LMCS Limited – Fazal Kurban, Rishi Nagassar, Yusuf Henry and Kazim Ali Jr.

Morrison, a former President of the Court of Appeal of Jamaica, currently serves as a Justice of Appeal in the Court of Appeal of the Cayman Islands and Wilson is the Managing Director and lead consultant of Namaka Subsea TT, a local subsea specialist.

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They held a press conference with Maharaj at the Hyatt Regency following their appointments.

They were asked by the media if there was any political affiliation with the Government or Paria.

Maharaj was the first to respond.

He said, “I am not involved in any politics. I am doing this on behalf of the State of Trinidad and Tobago. I took this appointment because I believe I have a duty to assist the State and the State is totally different to any political party. The people constitute the State in effect… I am basically like the lawyer on behalf of the people of T&T in this enquiry.”

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Morrison said, “I can say, I have no connection with Paria, I have no connection with the Government of Trinidad and Tobago except to the extent that I have been asked to do this…  I come to this exercise with a completely open mind.”

Acting President Christine Kangaloo presents subsea specialist Gregory Wilson with his instrument of appointment. Photo: Office of the President

And Wilson responded, “I am not affiliated with any political party. I am not affiliated with Paria or any state agency in any form. My interest in this is to bring an answer to the families of course and to the nation.”

Given the immense public interest and matters raised by the Opposition which had led to the cancellation of the initial proposed CoE, Maharaj said all activities will be above board.

He said, “What is happening with this Commission of Enquiry, all the allegations that are being made, the public will have an opportunity, they will be able to see the hearing, they will be able to assess for themselves, persons who make allegation against one side or the other, they will have cross-examinations. So it will be open and transparent and therefore I think the public will be able to judge for themselves whether the findings of this enquiry meet the evidence which was presented to it.”

The commission is expected to submit a report to President Paula-Mae Weekes six months from the first date of procedural hearing which Morrison expects will take place in August.

Morrison also said in due course the Commission might consider legal representation for the families of the divers which was not ultimately a matter for the CoE alone but also a matter for the State.

When asked if there was a possibility that evidence might have either been skewed or covered up as two months have passed since the divers initially went missing, Morrison responded, “We will obviously scrutinise all the evidence very carefully.”

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In his opening remarks, he described the incident as “a tragedy of major proportions” and extended condolences to the families affected.

Morrison said it was an honour for him to be charged with the duty along with Wilson.

The commissioners have been provided with detailed terms of reference copies of which were given to the media.

“We intend to be as inclusive as possible with regards to the evidence we will hear and consider bearing in mind in particular the overarching duties of fidelity to the facts and fairness to all who may be affected by such conclusions as we may reach in due course,” Morrison said.

The commissioners will conduct the enquiry at the upper floor of the old office of the Attorney General – Cabildo Chambers – where Maharaj was as AG more than 20 years ago.

On Friday Sarah Sinanan, of the Ministry of the Attorney General, was appointed as secretary to the CoE and will be responsible to selecting the members of the team to form the secretariat.

She will also be responsible for keeping the public updated on all matters regarding the CoE.

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