‘It is almost embarrassing in Trinidad and Tobago in particular where an arm or a leg will be worth less than $100,000 in a judgement…’ -Prakash Ramadhar
By Sue-Ann Wayow
THOSE who held high positions of authority and responsibility and did nothing to save the lives of the four divers who died in February 2022 should be criminally prosecuted.
This is one of the recommendations made by attorney Prakash Ramadhar who is representing the families of two of the men who died.
On Wednesday, Ramadhar was the first to give closing statements at the Commission of Enquiry (CoE) investigating the circumstances into the Paria-LMCS tragedy.
The CoE hearings are at the end of an intensive evidentiary hearing period that began last November.
Ramadhar admitted it was not a comfortable recommendation for him especially as he has never been on the prosecuting side his entire life.
But, he said, it was a compelling one to ensure that such persons put more value on life rather than on liability.
Life treated like a number
In delivering his statements at the International Waterfront Centre, Port-of-Spain, Ramadhar said too often in Trinidad and Tobago, human life was being treated callously and only as important as a number.
“It is almost embarrassing in Trinidad and Tobago in particular where an arm or a leg will be worth less than $100,000 in a judgement, a life would be even worth less sometimes and I ask is this where we are? Is this where we have become?” he said.
Before stating his recommendations he used an example of some-one being hurt in a house and others being prevented from conducting a rescue at the property to attend to the injured person.
Ramadhar said Paria’s General Manager Mushtaq Mohammed and Paria’s Terminal Manager Collin Piper used “their god-like authority” to do just that, prevent a rescue from taking place.
Instead of using rules and regulations to ensure safety, they were used as weapons instead he declared.
Ramadhar said, “There are times when a statement has to be made that you are not just to hide behind corporate veil and corporate responsibility, that you are not personally accountable except maybe you get a Commission and you have to answer questions or you in a court of law and whatever the result is in a civil courtroom, you are not affected.
“Your salary continues but your entity pays or the state pays. So I am moved against my inner instincts that there should be criminal prosecution recommended in this matter.”
Ramadhar repeated his question that he had asked Piper during cross-examination, “Were you interested in lives or liability?” and also questioned why they were able to maintain their jobs at Paria after the incident.
During his statement, chairman of the commission Jerome Lynch, KC, asked, “Is it a criminal offence to fail to rescue someone.”
Ramadhar responded, “Yes it is. When you have the responsibility and the capacity to do so.”
Lynch further asked, “Is it?”
Ramadhar also responded, “There is an opening of the law in this area.”
He proceeded to use an example of a Florida case in which a police officer neglected to protect persons from a mass shooting in 2018.
“The law is expanding in that way and if it needs amendment to put it there, so too would be a recommendation if it is uncertain,” Ramadhar said.
He said it was up to the Director of Public Prosecutions to look at all of the facts and determine if a prosecution was due.
“It is not in my hand or in the Commission’s hand but it is a recommendation I am propelled because of the numbers of persons who have expressed the need for us to set an example, to set a new standard in this society. If we do not, then it is likely to recur,” Ramadhar stated.
Lynch also asked, “Might it be considered grossly negligent on the part of somebody risking sending a diver into the pipe and therefore make himself liable to prosecution for manslaughter or some other offence, where he has taken an unreasonable risk with the rescuer?”
Ramadhar defended his point saying that the operative word was “send” as persons on February 25, 2022, were volunteering, risking their own lives without being told to be anyone to save the divers who were sucked into the pipeline at Paria’s Berth #6 which Paria officials prevented them from doing.
Ramadhar’s recommendations were also to have the establishment of a National Emergency Command Centre and a retraining for persons involved in Occupational Safety and Health Agency (OSHA) to ensure safe working environments “not to be used as a weapon.”
Ramesh introduced compensation board
Such individuals must be courageous and strong and have psychiatric and psychological testing he also suggested as emotions will have a part to play.
Without emotional instinct, humans will become robotic he said.
Ramadhar also spoke highly of attorney to the Commission Ramesh Lawrence Maharaj, SC, a former attorney general whom Ramadhar said was the best attorney general, Trinidad and Tobago ever had and who introduced the Criminal Injuries Compensation Law.
This was to ensure that families affected by criminal activity get support even as the judicial process took place.
Ramadhar is recommending that the Government begin the foundations of such a fund not just for criminal injuries but for workplace injuries even before the final draft of the CoE’s report in April.
Acknowledging that recommendation may be met with some level of criticism as there was already workmen’s compensation in place, he said.
Ramadhar added that he had sent relevant requests but is yet to receive a response.
A Commission like no other
Ramadhar said the Commission has been like no other, the country has ever seen.
For the first time, in Trinidad and Tobago, a CoE into an incident has been fully publicised with live viewings and witness statements being published on a website.
“A Commission is more than just a documentary position. It is about humanity and I shall say this at the very beginning, this is Commission like no other, this country has ever seen,” he said.
Ramadhar thanked several persons including the Government for allowing the Commission to take place and making provisions for such and Energy Minister Stuart Young with whom he had several conversations with.
He also thanked the Oilfield Workers’ Trade Union (OWTU), political leader of the Progressive Empowerment Party (PEP) Phillip Alexander for the role they played when the incident first occurred and all others involved in the Commission.
