Magistrate wants clarity on time limit in Paria diving case

The legal proceedings surrounding the 2022 Paria diving tragedy have reached a critical juncture, with Deputy Chief Magistrate Brian Dabideen emphasizing the need to resolve the limitation period issue before further progress can be made. The case, involving charges under the Occupational Safety and Health (OSH) Act, stems from the deaths of four divers employed by Land and Marine Construction Services Ltd (LMCS), who were trapped in an underwater pipeline at Paria Fuel Trading Company Ltd’s Pointe-a-Pierre facility. A recent Privy Council ruling on September 16, addressing the limitation period under Sections 93 and 97B of the OSH Act, could determine whether the case proceeds or is dismissed. Dabideen stressed the importance of addressing this ruling first, noting that if the claims are deemed out of time, the case will end. However, if they are within the permissible period, the court will proceed to disclosure and trial. Senior Counsel Pamela Elder, representing the OSH Agency (OSHA), argued that the limitation period begins after the release of the Commission of Enquiry report, which was published on November 30, 2023. OSHA maintains that its complaint, filed on December 13, 2023, remains valid as it was initiated within six months of the report’s release. The Privy Council’s ruling clarified that the six-month limitation period applies to all criminal offences under the OSH Act, resolving a long-standing legal debate. This decision is expected to impact hundreds of pending cases, with Industrial Court President Heather Seale noting that approximately 400 OSH complaints had been stayed pending the judgment. The case also involves Paria Fuel Trading Company Ltd, represented by Senior Counsel Sophia Chote, and LMCS managing director Kazim Ali, represented by attorneys Dinesh Rambally and Renuka Rambhajan. Dabideen is expected to rule on submissions regarding the limitation period on December 12.