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The Privy Council has reserved its judgment on a final appeal that could significantly impact the ongoing prosecutions related to the tragic 2022 Paria diving incident, which claimed the lives of four divers. Five Law Lords concluded hearing submissions yesterday with their decision now keenly awaited as it will define the Occupational Health and Safety Authority and Agency (OSH Authority)'s window to initiate health and safety offence prosecutions.
The incident saw Land and Marine Contracting Services Limited (LMCS) divers Fyzal Kurban, Rishi Nagassar, Yusuf Henry, and Kazim Ali Jr. sucked into a 30-inch diameter pipeline during maintenance work at Paria's Pointe-a-Pierre facility. Christopher Boodram, though seriously injured, managed to escape. A subsequent Commission of Enquiry (CoE), whose report was released last January, presented dozens of recommendations, including charges under the OSH Act.
These charges were eventually laid against Paria, LMCS, and key individuals – Paria's general manager Mushtaq Mohammed, its terminal operations manager Collin Piper, and LMCS director Kazim Ali Snr – with proceedings initiated before both the Industrial Court and a Magistrate's Court. The charges came more than two years after the incident and, when they appeared in Court last September, the companies and individuals pleaded not guilty to the charges.
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