By Sue-Ann Wayow
PARIA Fuel Trading Company Ltd never properly communicated to LMCS Ltd.
This was the role that its Incident Command Team (ICT) was supposed to do when LMCS divers went missing into the pipeline at Paria’s Berth #6.
It was only until the evidentiary hearings at the Commission of Enquiry into the Paria-LMCS tragedy that owner of LMCS, Kazim Ali Sr learnt of the details and actions taken by the ICT headed by Paria’s Terminal Operations Manager Collin Piper.
This was the submission made by LMCS attorney Kamini Persaud-Maraj on Thursday as she made her closing statements to the Commission.
She maintained throughout her submission that there was a systematic failure within Paria.
She said, “Up until these hearings, LMCS never understood that Paria had activated an ICT. This only highlights further a systematic failure within Paria.”
Chair of the Commission Jerome Lynch, KC, asked, “You are saying that they did not appreciate an ICT was even in existence?”
“They did not. Not in the structure of what the ICT should be,” Persaud-Maraj said.
Lynch also asked, “And whose fault do you say that is?”
Persaud-Maraj replied, “The communication of the ICT Commander.”
Lynch asked if Piper never made that clear to which Persaud-Maraj responded no.
Lynch then asked, “Did you put that to him? Did you put that to Mr Piper?”
While in a pause moment from Persaud-Maraj, Lynch continued, “I do not recall you putting to Mr Piper that he had never made it clear to Kazim Ali that there was an ICT of which he was the head.”
“That’s correct,” Persaud-Maraj agreed.
“You should have,” Lynch stated.
He said it was a very serious suggestion.
Lynch said, “Sometimes it is said that the reason why counsel don’t do that is because they never had instructions prior to that point in time, that those instructions came later. Other times, it is the fault of counsel overlooking a fact which they ought to have put.”
He asked Persaud-Maraj, “Which is it in this case?”
“It’s the latter please,” she responded.
“It’s your fault?” Lynch asked.
“Yes,” Persaud-Maraj admitted.
Failure to properly document toolbox meeting
Persaud-Maraj also admitted that Kazim Ali Jr, one of the four divers who died failed to document risk assessments discussed at a toolbox meeting on the morning of February 25, 2022.
Based on evidence provided to the CoE, while such discussions did take place along with discussions surrounding the methodology statement for the work to be carried out that day, the failure was in its documentation.
Recommendations
Persaud-Maraj is recommending to the Commission that there be an internal audit system for Paria.
“It seems to be that that system is in a dire want of co-ordination. That is a danger, not just as we have seen here to LMCS but it is a danger to all contractors working in Paria and who continue to provide services that may be high risk,” she said.
Persaud-Maraj also said she was asked to recommend diving standards that could be implemented for the training facilities in Trinidad and Tobago.
At the end of her submission Lynch also asked her if she believed that scuba gear should not have been used for the type of job that was being done.
Persaud-Maraj said it was not her submission that scuba should have not been used as it was used merely to access the hyperbaric chamber.
She did agree with Lynch that having an umbilical cord may have assisted the divers in being rescued.
In thanking the Commission, she said LMCS would like to thank publicly all those who volunteered and rendered assistance on February 25, 2022, and beyond.
