Trinidad and Tobago: Magistrate Seeks Clarification on Time Limit in Paria Diving Case

This report covers trinidad tobago: magistrate seeks with key details and context.

Deputy Chief Magistrate Brian Dabideen has called for clarification regarding the limitation period established in a recent Privy Council ruling before advancing in the case related to charges under the Occupational Safety and Health (OSH) Act, which arose from a diving incident in February 2022. The case involves Paria Fuel Trading Company Ltd, Land and Marine Construction Services Ltd (LMCS), and several executives, following the deaths of four LMCS divers who were trapped in an underwater pipeline at Paria’s Pointe-a-Pierre facility.

During a virtual hearing on October 9, Dabideen emphasized the importance of the Privy Council’s judgment delivered on September 16, which addresses limitations under Sections 93 and 97B of the OSH Act. He noted that the outcome of this ruling could determine whether the case can proceed or if it will be dismissed. “If we decide that these claims are out of time, that will be the end of it,” he stated, highlighting the need for all attorneys involved to understand the implications of the ruling.

trinidad tobago: magistrate seeks: key developments so far.

Senior Counsel Pamela Elder, representing the OSH Agency (OSHA), argued that the Privy Council’s ruling indicates that the limitation period begins after the release of the Commission of Enquiry report. OSHA’s complaint regarding the incident remains valid as it was filed within six months of the report’s release. Dabideen is expected to make a ruling on this matter on December 12.

At the hearing, Elder confirmed that disclosure obligations had been met, while Paria’s legal representatives indicated they were still awaiting certain statements and expert reports. Additionally, it was announced that Joanne Sinnansingh has taken over as acting general manager of Paria, succeeding Mushtaq Mohammed.

The Privy Council’s ruling has significant implications for numerous pending cases, with approximately 400 OSH complaints currently stayed pending this judgment. The clarification sought by Magistrate Dabideen is crucial for determining the future course of the case and the broader impact on similar complaints within the jurisdiction.

As the legal proceedings continue, stakeholders are closely monitoring the developments, particularly in relation to the interpretation of the Privy Council’s ruling and its application to the ongoing case against Paria and its associated parties. The outcome of the December 12 ruling is anticipated to provide further guidance on the limitation periods applicable under the OSH Act and may influence the handling of other cases that are currently on hold.

In summary, the case surrounding the tragic incident involving the LMCS divers remains a focal point of legal scrutiny, with the Deputy Chief Magistrate’s request for clarity on the limitation period underscoring the complexities involved in navigating occupational safety regulations and the legal frameworks that govern them.