Replaces another Jamaican jurist, Justice Dennis Morrison, who has stepped down

Durrant Pate/Contributor

Another Jamaican jurist, Jerome Lynch, QC, has been appointed to head the Commission of Enquiry in Trinidad and Tobago (T&T) which is investigating the deaths of four divers on an underwater crude oil pipeline back in March.

He replaces fellow Jamaican, Justice Dennis Morrison, QC, former president of the Court of Appeal of Jamaica, who has stepped down from the position having accepted the appointment in March to chair the three-member Commission of Enquiry probing the circumstances surrounding the deaths of four divers, who were working on the underwater crude oil pipeline.

Confirming the news today (June 24), T&T’s Energy and Energy Industries Minister Stuart Young said the Cabinet of Prime Minister Dr Keith Rowley has approved the appointment of Lynch, adding that Justice Morrison cited personal reasons for his departure.

He confirmed that the change should not affect the timeline of proceedings. The other members of the Commission of Enquiry are Gregory Wilson, a subsea specialist and a representative from an international investigative firm with experience in conducting probes into large industrial accidents, including in the oil and gas sector.

The Commission of Enquiry replaces the five-member investigative team that was initially tasked by the Government to determine the liability and what led to the deaths of divers, Yusuf Henry, Kazim Ali Jr, Fyzal Kurban, and Rishi Nagessar at facilities owned by the Paria Fuel Trading Company Limited in Point–a-Pierre on February 25. A fifth diver who had gone missing, Christopher Boodram, had been rescued.

Commissioner of Enquiry Terms of Reference

Among the Commission of Enquiry’s objectives are:

To identify the precise facts and circumstances which led up to and resulted in the loss of life, examine all the decisions and actions taken after it became clear that the five divers went missing; identify whether Paria and LMCS Ltd, the divers’ employer, used sufficient safeguards and measures to ensure the safety of its contracted employees, property and the prevention of the incident.

In addition the Commission of Enquiry is tasked with identifying, whether by act or omission, any identified or unidentified party directly or indirectly caused loss of life; and examine all other material circumstances that led up to and surrounding the incident that led to the deaths of four LMCS divers, continuing up to the recovery of their bodies.

Also the Commission of Enquiry will seek to examine the role played by Paria and LMCS through its respective units, individually and collectively, in dealing with the incident; examine policy, procedure and practices, and conduct related to employees/ organized labour for maintenance exercises; and investigate the nature, extent, application of any standing orders, policy considerations, legislation, or other instructions in dealing with the situation that gave rise to the incident.

Young said Paria has been cooperating fully with the Occupational Safety and Health Agency (OSH) and the Trinidad and Tobago Police Serve investigations, and he expects the company will also fully cooperate with the Commission of Enquiry.

In a statement issued after the announcement of the Commission of Enquiry, Paria said it welcomed the decision and “looks forward to presenting the facts on the incident”.