Attorneys for families of Paria diving victims: $1m payment is too little, too late

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ATTORNEYS representing families of the four drowning victims as well as the lone survivor of the Paria diving tragedy, have welcomed government's announcement of a $1 million ex-gratia payment to each family and the survivor.

However, both head of Freedom Law Chambers Anand Ramlogan, SC, and attorney Prakash Ramadhar criticised this as a belated announcement coming mere weeks before the general election.

"It is unfortunate that it took a general election for the government to tap into its conscience and demonstrate some modicum of human compassion in the face of a case that has been crying out for justice for the last three years," a statement from Ramlogan said.

Earlier on March 3, Prime Minister Stuart Young announced that government would pay $1 million to survivor Christopher Boodram, and $1 million each, to the families of the deceased divers.

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On February 25, 2022, Boodram together with co-workers Kazim Ali Jr, Fyzal Kurban, Yusuf Henry and Rishi Nagassar, were repairing a 30-inch pipeline at Paria's Pointe-a-Pierre facility when they were sucked into it.

They were divers employed with Land and Marine and Construction Services (LMCS). Only Boodram escaped.

Ramlogan's chambers represents Boodram and Nagassar's family. Ramadhar represents the interests of the others.

Ramlogan echoed Ramadhar's previous proposal of a $5 million ex-gratia payment to each family.

He said: "Nothing less will suffice and we refuse to allow our clients to be used as political pawns in this political charade."

Ramlogan, an ex-attorney general, recounted Christopher's harrowing ordeal of surviving and trying to seek help to rescue his co-workers.

He also criticised government's response, saying his client was willing to return to the pipeline to try and save his colleagues.

"He was prevented from doing so and left for medical treatment thinking the men he had left behind would be rescued," Ramlogan said.

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"Instead, they were simply left to die and their bodies eventually flushed out like animals along with a go-pro cam which very much proved the men were not only alive but were praying to be rescued."

Ramlogan also bashed the government for spending $50 million in legal fees on a commission of enquiry (CoE).

"It is a crying shame that three years later, the government has finally been moved by purely selfish political motives to offer these families $1 million. It is but too little, too late," Ramlogan said in the statement.

Comparing the figures, he questioned why this token political gesture could not have been made before.

The comparison, he added, is a sad illustration of where this government's true political priorities lie.

"It simply did not care enough to put the grieving families first. Make no mistake about it, we are certain the grieving families are grateful for this ex-gratia payment," the statement said.

"There is nothing to congratulate the government about – this is not a benevolent favour. It is compensation to which our clients are legally entitled because they were victims of corporate manslaughter and serious criminal negligence at the hands of Paria and the government."

Ramlogan described as shameless the government making these grieving families suffer for three years, forced them to file legal claims, spent a hefty amount for the CoE and "on the eve of a general election try and wash the blood that has stained its hands."

The attorney said if the prime minister genuinely cared about the victims, he would have simply settled these cases rather than put the grieving families through the unnecessary expense and trauma of litigation.

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"Both Paria and LMCS have retained a legal army and will engage in a protracted legal battle in the courts. The government should have simply settled these claims," Ramlogan said.

"This is nothing but a political gimmick that will fool no one. It is a cheap gesture designed to score political points at the expense of these grieving victims."

Ramadhar expressed similar concerns.

"A few weeks from a general election, it is not a surprise that it has suddenly dawned upon this government that it should do the right, honourable and decent thing and make an ex-gratia payment," a voice note from Ramadhar said.

"It is a call that has been made several years ago. But at this time, it is too little too late. Of course, we take instructions from our clients and we will see where we are."

He questioned the fairness of the $1 million offer, particularly in light of the Attorney General's threat to sue the Opposition Leader for $4 million over an alleged defamatory statement.

Ramadhar pointed out the stark contrast between the value placed on the lives of the victims and the compensation AG Camille Robinson-Regis sought for potential defamation, arguing that government's actions were not motivated by justice but by the upcoming general election.

"There is no equality. There is no fairness and suddenly, in the light of an election, you come with this. TT, elections have consequences. This is one of them. We are not to be easily fooled, but at the same time, we are happy that in its last few days, this government has seen the light," Ramadhar said.

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Earlier, Newsday tried to contact the families of the victims for comments but without success. Only Boodram responded but all he said was that he had not heard the news.