标签： Trinidad and Tobago

In a reflective commentary, Imran S Khan, a seasoned attorney with over 27 years of litigation experience in Trinidad and Tobago, offers a profound analysis of the qualities essential for an effective judicial officer. Khan, who has witnessed the evolution of the legal system amidst societal changes, emphasizes that a judge must embody the highest standards of integrity, humility, and practical legal expertise. He argues that a judge is not merely a role but a sacred duty to uphold justice without bias, impacting lives profoundly with every decision. Khan highlights the necessity for judges to possess real-life legal experience and a deep understanding of societal complexities. He commends Chief Justice Ronnie Boodoosingh for exemplifying these traits, noting his dignified and efficient approach to advancing justice. Khan extends his heartfelt congratulations to Boodoosingh on his appointment, expressing hope that his leadership will benefit the nation. The commentary concludes with the Latin maxim ‘Fiat justitia ruat caelum,’ underscoring the paramount importance of justice.

In a recent letter to the editor published in Newsday, Kevin Baldeosingh critiques arts activist Dara E Healy’s column, ‘Time to meddle in fowl party,’ which praised writers and activists who supported Maurice Bishop’s New Jewel Movement (NJM) in Grenada. Healy highlighted figures like Merle Hodge, George Lamming, Nancy Morejon, Earl Lovelace, and Eintou Springer for their advocacy of Bishop’s vision of a people-centred ideology. However, Baldeosingh counters this narrative by pointing out the NJM’s authoritarian practices post the 1979 coup, including the suspension of Grenada’s constitution, suppression of media, and imprisonment without trial—actions he argues were never condemned by the intellectuals Healy lauded. Baldeosingh also scrutinizes Healy’s reference to calypsonian Atilla’s protest song ‘No Nationality,’ which criticized land leasing agreements between the British and Americans during World War Two. Notably, Healy omitted Atilla’s full sobriquet, ‘Atilla the Hun,’ a historical figure known for his invasions and destabilization of Roman frontiers. Baldeosingh’s critique underscores the need for a more critical evaluation of intellectual arguments regarding US influence in the Caribbean, questioning the validity of their historical and political perspectives.

After nearly two decades in legal limbo, Trevor Huggins, a resident of Point Fortin, has been acquitted of the 2007 murder of his stepfather, Brian O’Shaughnessy. The verdict was delivered by a jury at the High Court in Port of Spain on November 3, marking the end of a prolonged and emotionally charged case. Huggins had been accused of fatally stabbing O’Shaughnessy at their family home in January 2007. During the trial, which commenced on October 1 before Justice Maria Busby Earle-Caddle, jurors heard compelling testimony from Huggins’ sister, who recounted discovering her stepfather bleeding from the neck after hearing his cries from the kitchen. She described her brother as mentally unstable and recalled witnessing him flee the scene. When apprehended by authorities, Huggins reportedly claimed, ‘God told me to do it.’ A knife was later found near the victim’s body. A post-mortem examination confirmed that O’Shaughnessy died from stab wounds to the neck and chest. Further complicating the case, a psychiatrist testified that Huggins had been diagnosed with schizophrenia and was experiencing a relapse at the time of the incident. Justice Busby Earle-Caddle instructed the jury to consider a manslaughter verdict if they believed Huggins acted under the influence of his mental disorder. However, the jury ultimately found him not guilty of both murder and manslaughter. Huggins was represented by attorneys Michelle Ali and Shuzvon Ramdass from the Public Defenders’ Department, while the prosecution was led by Veonna Neale-Monroe and Shanelle Kissoon from the Office of the Director of Public Prosecutions.

Christopher Boodram, the sole survivor of the 2022 Paria Fuel diving tragedy, has filed an amended claim in the High Court, accusing Paria Fuel Trading Co Ltd and LMCS Ltd of negligence in the incident that claimed the lives of four of his colleagues. Boodram, 39, sought permission to revise his statement of case on October 24, following new medical reports diagnosing him with post-concussion syndrome, spinal injuries, and chronic neurological and sexual dysfunction resulting from the accident. His application was supported by an orthopedic report from Dr. Rishi Jagdeo, dated October 22.

The tragic event occurred on February 25, 2022, when Boodram and four other divers—Kazim Ali Jr, Yusuf Henry, Rishi Nagassar, and Fyzal Kurban—were performing maintenance on a 30-inch underwater pipeline at Berth 6, Pointe-a-Pierre. They were suddenly sucked into the pipeline by a powerful differential pressure event known as Delta P. Boodram, who spent nearly four hours trapped in the dark, oil-filled pipeline, was the only one to survive.

In his claim, Boodram alleges that both Paria and LMCS failed to identify and mitigate the risk of a Delta P event, provide proper safety equipment, or establish an emergency response plan. He also accuses Paria of obstructing rescue efforts by volunteers and LMCS divers. Boodram’s legal team, led by Senior Counsel Anand Ramlogan, argues that both companies breached their duty of care. They cite findings from the commission of enquiry (CoE) report issued by chairman Jerome Lynch, KC, in November 2023, which highlighted ambiguous instructions and poor oversight by both companies as contributing factors to the deaths.

Boodram, who was rescued by diver Ronald Ramoutar after defying a no-dive order, continues to suffer from severe physical and psychological injuries, including post-traumatic stress disorder, depression, speech impairment, and an 80% permanent partial disability. He is seeking general and special damages, including loss of earnings estimated at $438,927.45, as well as aggravated damages for emotional distress and alleged mistreatment post-incident.

The court has ordered Boodram to file and serve his amended statement of case by November 10, with the defendants’ amended defences due by November 20. The case is set for a management conference on May 5, 2026, presided over by Justice Christopher Sieuchand. Separate claims by Vanessa Kussie, the widow of diver Rishi Nagassar, and ancillary proceedings between LMCS and Paria are also part of the matter, with each company attempting to shift full liability to the other.

LMCS has consistently denied responsibility, asserting that Paria was to blame for both the unsafe conditions and the failure to conduct a timely rescue. The company’s lawyers argue that Paria is guilty of gross negligence based on evidence presented to the CoE. Meanwhile, both companies and their executives face separate OSHA charges and ongoing proceedings under the Workmen’s Compensation Act.

Attorney Prakash Ramadhar, representing the families of Kurban and Henry, has proposed an ex gratia payment of $5 million to each family. Former Prime Minister Stuart Young had announced a $1 million ex gratia payment for each family and Boodram before the April 28 general election, but as of November, the payments remain unresolved due to legal and logistical issues. Prime Minister Kamla Persad-Bissessar has expressed commitment to compensation but emphasized the need to address legal complications first.