Caption: From left, sole survivor Christopher Boodram, Kazim Ali Jr, Yusuf Henry, Rishi Nagassar and Fyzal Kurban
By Prior Beharry
THE attorneys for one of the widows of the Paria divers are seeking an ex-gratia payment of $5 million.
This was stated by attorney Prakash Ramadhar at a press conference at his Lord Street, San Fernando, office on Tuesday.
He referred to a letter, dated May 13, 2024, sent to chairman of Paria Fuel Trading Company Limited Newman George and Managing Director Land and Marine Construction Services Ltd (LMCS) Kazim Ali Snr.
It was sent by attorney Devi Ramnarine who instructs Ramadhar and Saira Lakhan on behalf of Celisha Kurban, the administratrix of the estate of the late Fyzal Kurban.
Kurban was one of four divers who perished after being trapped in a pipeline on February 25, 2022. The others were Kazim Ali Jr, Rishi Nagassar and Yusuf Henry. Christopher Boodram was the lone survivor. They were working for LMCS on a jobsite at Paria when the tragedy occurred.
Ramadhar said he was willing to go all the way to the Privy Council to get justice for his client.
He made the comment one day after Paria issued a press release stating that it was being frustrated in its efforts to pay compensation to the families of the divers.
Ramadhar said the proposed exgratia payment by Paria “has very little to do with the tabulated legalism that Paria wishes to now engage in. We will not fall into that trap.”
He said, “That is why we take a position that we will not fall victim to the tabulated legalism that Paria wishes for us to engage in.”
Paria stated that it was frustrated by a lack of information from LMCS and the legal representatives of the affected families.
It stated, “In this regard, Paria’s attorneys continues to exchange correspondence with those who have presented claims for compensation.
“However, this process requires a considered and balanced approach, taking into account all relevant stakeholders, including LMCS, the employer of the impacted divers, the terms of their employment and other key information.
“As has been previously stated, to deviate from this process will not assist any interested parties and would more likely than not lead to a delay in finding a resolution.
“Consequently, Paria encourages LMCS and the affected families to respond to the correspondence issued by Paria and its agents in a constructive manner in order that all claims for compensation can be properly and expeditiously addressed.”
Ramnarine’s letter quoted chairman of the Commission of Enquiry (CoE) chairman into the Paria tragedy Jerome Lynch, KC, stating, “Let’s be clear. This was no act of God or mere unlucky accident.”
She said that this was not an ordinary case of negligence.
Ramnarine said, “Whilst no sum of money can do justice in this matter, it is our considered position that an ex-gratia payment will provide your good selves with the opportunity to begin to make amends for a tragic wrong. We are of the view that the unprecedented nature of the tragedy demands an ex-gratia payment, wary of avoiding the austerity of tabulated legalism.
“Accordingly, we are instructed that our client is prepared to accept an ex-gratia payment in the sum of $5,000,000 as full and final settlement of all claims to be made by our client against Land and Marine Construction Services Ltd and Paria Fuel Trading Company Limited.”
She said that this case was novel to Trinidad and Tobago.
Ramnarine said, “There is, at present, no other case in our jurisdiction where there has been the loss of life as a result of being trapped in a pipeline. The novelty of this case is further exacerbated by the death being attributable to a deliberate decision by officials to not engage in any rescue whilst simultaneously barring trained external professionals and family members of the deceased from engaging in any rescue. It follows therefore that the measure for pain and suffering, to the deceased and his loved ones, in such an instance is unprecedented in our jurisdiction. Further, there are no similar local authorities which can be of guidance with respect to reasonable damages which ought to be paid to our client.”
She said the sum was reasonable as compensation for the following reasons:
1. The horrific physical and mental pain and suffering endured by our client’s late husband, Mr Fyzal Kurban (deceased) whilst trapped in an oil pipeline during the course of his employment;
2. Compensation for loss of life;
3. Compensation for funeral expenses incurred by our client;
4. Compensation for loss of future earnings which may have been earned by the deceased; and
5. Psychological distress caused to and endured by the family members of the deceased, including our client and her three children. Of note, this incident has significantly crippled their ability to function as normal human beings as their lives remain deeply scarred. To date, the trauma and emotional damage impact on the ability of the deceased’s sons, who are professional divers, to dive in the course of their employment.
Ramnarine said, “As you can appreciate, the mental anguish and losses suffered are unimaginable.”
She cited three findings of the Commission of Enquiry Final Report into the Paria Accident on 25th February 2022:
a. There are sufficient grounds to conclude that Paria’s negligence could be characterised as gross negligence and consequently criminal;
b. They (the commissioners) recommend that the DPP consider charging Paria with what is commonly known as corporate manslaughter; and
c. There was evidence to prosecute Paria’s Manager, Colin Piper, and LMCS’ head, Kazim Ali Snr, and their firms for offences under the Occupational Safety and Health Act.
