NORTH Eleuthera MP Rickey Mackey has alleged in an affidavit that his gas company – accused of negligently causing a fire that destroyed four residential units in Harbour Island – did not require licences as plaintiffs claim in a lawsuit. 

His affidavit, filed in the Supreme Court on Monday, counters claims that when Eleuthera Petroleum Limited was hired to fill a propane tank in June 2018, it negligently caused an explosion that destroyed the residential units and displaced residents. 

Plaintiffs––who are seeking more than $450k in damages––allege Mr Mackey’s company was unlicensed.

Freeman Hanna, a former Ministry of Works inspector, claimed in an affidavit last month that the company did not have a dealer’s or sub-dealer’s licence to sell, store and convey liquified petroleum gas to the public, nor did the employees have an installer’s licence to connect, disconnect or fill liquified containers.

Mr Hanna alleged that when Mr Mackey approached him last year to discuss the causes of the fire, he asked him if he had any defence against the legal action brought against his company.

He claimed he told the MP his company and its employees lacked the necessary licences.

He also claimed he inspected the site of the fire on March 20, 2020 and concluded the employees of the gas company did not monitor the filling of the tank carefully, causing the tank to become overfilled and the relief valve to blow off the excess gas which then leaked and was ignited. He said the ignited flame flashed back to the tank, which became overfilled, causing the fire.

He said the company “did not follow any of the basic standards set out in the regulations for the refilling of a bulk tank.”

Addressing Mr Hanna’s claims, Mr Mackey said in his affidavit that “the defendant does not install liquified containers and accordingly requires no licence for that purpose.”

“As regards paragraph 8 of Mr Hanna’s affidavit, in my discussion with Mr Hanna in early 2020, I approached him to enquire whether the Liquified Petroleum Act had been extended to the Family Islands in that there had always been a question as to whether or not it had been and he stated that in his view this was a misunderstanding as it applied and that was the end of the conversation,” he said.

“If, as Mr Hanna states, he was acting volatile inspector from 1999 and subsequently inspector and he was aware of the purported breach (of operating without a licence) then surely he would have said something to me about the alleged breach or does it perhaps suggest that the Act was not extended.

“At no time did I ask Mr Hanna whether he believed that EP had a defence to the action as he swears in paragraph 9 of his affidavit as I was never of the view that the company was liable.

“As regards paragraph 10 of his affidavit, I am at a loss to try and understand how Mr Hanna can suggest that he can determine the cause of a fire when inspecting a property some 21 months after a fire as he asserts.”

The plaintiffs are Justin Higgs, the owner of the four residential units and a laundromat attached to the building, and Letario Carl Higgs, one of the tenants.

Mr Higgs alleges he suffered “tremendous losses” because of the fire.

He claims that in discussions with Mr Mackey in the days after the fire, Mr Mackey admitted that his company and its employees were responsible for the blaze.

He further claims that though Mr Mackey agreed to give him resources to rebuild the structure, he has been unable to communicate with the MP so they could finish the project.

Mr Mackey, however, says he tried to help Mr Higgs given his status “as a relative of my wife and as a constituent”.

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