(Trinidad Express) The refusal by the Ministry of Energy and Energy Industries to disclose its investigative report stemming from an explosion at NiQuan Energy’s Pointe-a-Pierre plant in 2023 that resulted in the death of an employee from a third-party contractor is unlawful, the High Court has ruled.
It is within the public’s interest that the report be made public, said Justice Avason Quinlan-Williams yesterday as she delivered an oral ruling in a claim for judicial review brought by Sarah Ramkissoon, the widow of Allanlane Ramkissoon, 35.
At the time of his death Ramkissoon, a father of two young children, was a plant fitter with Massy Energy Engineered Solutions Ltd and one of its workers who was deployed to carry out certain modification works to parts of the plant at NiQuan on June 15, 2023.
While doing so the explosion occurred, resulting in him suffering extensive burns. Ramkissoon died three days later on June 18, 2023, after being airlifted from Piarco International Airport to Funfacion Santa Fe de Bogata Hospital in Colombia.
In her ruling the judge said the ministry had not presented sufficient evidence to justify its decision to not disclose the information that was requested by Ramkissoon’s widow in November 2023 under the Freedom of Information Act (FOIA).
Justice Quinlan-Williams stated that based on the evidence presented from both sides during the hearing the judicial review claim she found there was a significant public interest in having the information released.
“Disclosure of the report will illuminate the ministry’s investigative process and its findings on the operations of NiQuan that led to circumstances surrounding her husband’s death,” stated the judge.
She went on to add: “There is public interest in disclosure as the report would indicate how the ministry as regulator in the energy sector under the Petroleum Act carries out its functions of enforcement and safety adherence for the good of society.”
The Express reached out to current Energy Minister Dr Roodal Moonilal on Saturday evening via WhatsApp on whether the ruling will be appealed.
He issued a statement around 5.30 p.m., stating he will have to discuss the issue tomorrow with Attorney General John Jeremie, SC, to determine the next step.
The Express also attempted to contact former energy minister and prime minister Stuart Young for comment but calls to his phone went unanswered.
Young was head of the energy ministry when the incident took place.
In his statement, Moonilal said he was “shocked by the shameful abuse of power by my predecessor, Minister Stuart Young, in this matter.”
Even though Justice Quinlan-Williams granted a number of the declarations sought by Ramkissoon’s widow over the illegality of not releasing the information and quashed the ministry’s decision, she did not announce whether the ministry was required to reconsider the FIOA application based on the guidance she provided in the judgment or that it should immediately disclose the investigative report.
During the hearing she also noted that her written decision would be forwarded to the attorneys, but, this also did not take place up to yesterday evening.
The incident that led to Ramkissoon’s death took place just before 1 a.m., on June 15, 2023, while he and his colleagues were carrying out the maintenance works.
Court documents stated that after being injured, Ramkissoon, who lived in Barrackpore was removed on a stretcher and then made to sit on a chair for approximately an hour in the car park while waiting on ambulance personnel.
He was taken to a private hospital in San Fernando before being transferred via air ambulance to Columbia, for specialist medical care because of the severity of his injuries.
He died three days later.
