DINESH RAMBALLY
THE FIRST anniversary of the deaths of the four divers whose watery graves were sealed with certainty by Paria Fuel Trading Company Ltd has been reached. While we await the report of the Lynch commission of enquiry (CoE), which continues in deliberations, the anniversary question which arises is whether the families of the deceased divers will ever get justice.
Justice Peter Cory wrote in Phillips and Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy): 'One of the primary functions of public inquiries is fact finding. They are often convened, in the wake of public shock, horror, disillusionment or scepticism, in order to uncover 'the truth'.
"Inquiries are, like the judiciary, independent; unlike the judiciary, they are often endowed with wide-ranging investigative powers. In following their mandates, commissions of inquiries are, ideally, free from partisan loyalties and better able than Parliament or the legislatures to take a long-term view of the problem presented.
Cynics decry public inquiries as a means used by the government to postpone acting in circumstances which often call for speedy action…' (emphasis mine).
Traditionally, local commissions of enquiry have been criticised for taking too long, costing too much and for lacking coercive power to punish and to ensure implementation of recommendations.
In the instant Lynch CoE, there can be no doubt that the population has followed the proceedings with intense interest. To them, this enquiry is ideally supposed to arrive at what really led to the death of the divers, review the processes of Paria and its interactions with other entities and apportion blame accordingly. Its findings cannot come soon enough. For the Government, it hopes that the findings will restore public confidence in its crown jewel, Paria.
Further, by promising to ensure that Paria will take any necessary remedial action to preserve life and limb in the future, PM Rowley, his friend Newman George, other Paria officials and related parties all hope to put any culpability behind them.
As stated by Justice Cory, an enquiry can also allow a government tainted by scandal or wrongdoing to postpone the political fallout.
However, if conducted fairly, an enquiry is an acceptable means of investigating incidents of national importance and obtaining policy recommendations from an independent and impartial source. One of its roles is catharsis. It allows people to express their indignation, which they hopefully get over, and get back to being contented citizens. Without catharsis, these feelings of injustice fester and eventually emerge as some form of malignance.
Related to the issue of catharsis, I have some concerns with the Lynch CoE, and it stems from my own humble view that it failed to summon Energy Minister Stuart Young and Labour Minister Stephen Mc Clashie. All policies at Paria are ultimately approved by the Energy Minister.
Likewise, all policies relating to labour standards and health and safety regulations at work would ulti
