On the 25th February, 2022, commercial divers of LMCS Limited (“LMCS”), Kazim Ali Jr, Yusuf Henry, Fyzal Kurban, Rishi Nagassar and Christopher Boodram were carrying out maintenance works to a crude oil pipeline operated by Paria Fuel Trading Company Limited (“Paria”) when a tragic incident occurred resulting in the divers being sucked into and trapped inside the crude oil pipeline.
Christopher Boodram was rescued on the evening of the said 25th February, 2022, while his fellow divers Kazim Ali Jr, Yusuf Henry, Fyzal Kurban and Rishi Nagassar all remained trapped in the said pipeline, and later lost their lives. On the 27th February, 2022, Paria informed the nation that the trapped divers were presumed dead and that the rescue operation was now converted into a recovery exercise. On the 28th February, 2022, the bodies of Kazim Ali Jr, Yusuf Henry and Fyzal Kurban were recovered. Rishi Nagassar’s body was only recovered on the 3rd March, 2022.
The tragic incident resulting in death raised several concerns at every level and left numerous questions unanswered. Accordingly, on the 8th March, 2022, the Prime Minister of Trinidad and Tobago announced the proposed formation of a Commission of Enquiry to enquire into the incident and to, among other things, make observations as to any breaches of duty and recommendations with respect to policies, mechanisms or measures that should be implemented to prevent the reoccurrence of the tragic incidents and continuing up to the recovery of the divers’ bodies.
Jerome Lynch KC was appointed as Chairman of the Commission and Gregory Wilson as Commissioner. Ramesh Lawrence Maharaj SC, Ronnie Bissessar and Vijaya Maharaj were appointed as Counsel to the Commission. The Commission’s Procedural Rules were issued on the 13th July, 2022, and the first Procedural Hearing of the Commission was held on the 7th September, 2022.
Given the issues raised and the remit / Terms of Reference of the Commission of Enquiry, the Seamen and Waterfront Workers Trade Union (“SWWTU”), as supported by the International Transport Workers’ Federation (“ITF”), considered it necessary that they participate at the Commission of Enquiry on behalf of its membership and as neutral party to the matters before the Commission. On the 6th April, 2022, the SWWTU wrote to the President of Trinidad and Tobago requesting to be joined to and participate at the Commission of Enquiry. After receiving further advice, and upon the formation of the Commission, the SWWTU wrote to the Commission on the 7th September, 2022, applying for standing to participate at the Commission of Enquiry.
On the 14th September, 2022, the SWWTU was granted standing to participate at the Commission.
The SWWTU and ITF have retained our firm, with Nyree Alfonso and Asif Hosein-Shah to represent them at the Commission of Enquiry.
Useful Links:
1. Terms of Reference of the Commission.
2. Order of the Commission granting the SWWTU standing to participate at the Commission of Enquiry.
