The Office of the Director of Public Prosecutions (DPP) yesterday said it had advised that three employees of the Transport and Harbours Department be charged with murder over the July 18 sinking of the MV Barima after reviewing the evidence gathered during the police investigation.
In a statement, the DPP’s Chambers said it reviewed the investigative file submitted by the Guyana Police Force and recommended that murder charges be instituted against Captain Kevin Price, Chief Mate Rondel Dwayne Roberts and Goods Superintendent Delon Granderson.
According to the DPP, the decision followed careful consideration of the evidence, the applicable principles of law, public policy considerations and case law from the United Kingdom, other Commonwealth jurisdictions and the European Court of Human Rights.
However, the Chambers did not disclose the evidence on which the advice was based or identify the specific legal authorities relied upon.
The DPP also maintained that the impending Commission of Inquiry (CoI) into the disaster would not impede the criminal proceedings, stating that both processes could proceed simultaneously. It pointed to previous matters, including the piracy charges arising from the 2018 Berbice case and the election fraud charges following the 2020 General and Regional Elections, where criminal proceedings ran alongside separate inquiries.
“Given the unprecedented magnitude of this matter, coupled with public interest factors, the prosecution will be conducted with due consideration of the work of the Commission of Inquiry,” the statement said.
The Chambers further stressed its constitutional independence under Article 187 of the Constitution, noting that it is not subject to the direction or control of any person or authority and is empowered to institute and undertake criminal proceedings under Guyana’s laws.
73 counts
The three men appeared before Chief Magistrate Judy Latchman yesterday, where they were each charged with 73 counts of murder in connection with the deaths of 73 passengers following the capsizing of the MV Barima.
The accused were not required to enter pleas to the indictable charges but each maintained their innocence while being escorted to the courtroom. One of the defendants was heard declaring, “Answer my prayers, Father God,” before insisting that the tragedy was not the fault of the crew.
“The vessel is 84 years old. The vessel have a lot of issues. The vessel don’t have a search and rescue transponder. The vessel don’t even have an EPIRB,” he shouted as he was led away by police officers. He was referring to an Emergency Position-Indicating Radio Beacon which is designed to alert search and rescue authorities anywhere in the world during a marine emergency.
The men were remanded to prison and the matter was transferred to the Charity Magistrate’s Court, where it was adjourned until August 3.
Following the court proceedings, attorney-at-law Dexter Todd, who represents Captain Kevin Price and Goods Superintendent Delon Granderson, argued that the murder charges were intended to prevent the men from publicly giving their account of what occurred aboard the vessel.
“I am of the opinion that this is a holding charge,” Todd said. “We have seen this playbook before. The State is not interested in a conviction. The State is interested in silencing these parties.”
Todd contended that by instituting criminal charges before the Commission of Inquiry begins its work, the accused have become competent but not compellable witnesses, making it unlikely they will testify before the commission.
“Now that they have charged the three individuals, they are competent witnesses, but they are not compellable witnesses,” he said. “It would be against their interest to testify because any statement they make before the Commission of Inquiry can be used against them or for them in a criminal trial. The best thing will be for you to remain silent and fight your case before a court.”
He described the State’s actions as contradictory.
“It is very much contradictory that the State is saying, ‘We would like to get down to the truth of this matter by holding a Commission of Inquiry,’ but at the same time they are saying, from their investigations, that they have enough evidence to institute charges of murder.”
Todd maintained that none of the accused intended for the vessel to capsize.
“No one will say that they were aware that this mishap or capsizing would take place. None of them went out there to commit suicide,” he said.
According to the attorney, the criminal proceedings will inevitably limit the scope of the Commission of Inquiry.
“The commissioners will be limited in their scope because this matter is now before the court. The issue of criminal liability will not be tested by the Commission.”
Calling the inquiry “a farce,” Todd argued that it would now be confined to examining regulations and making recommendations for government.
“This full Commission of Inquiry has now been clearly established that it’s a farce because now all they’re going to be looking at is regulations and recommendations for the government moving forward. That’s it. That is how the government saw this matter playing out long before.”
Todd further claimed that witnesses had already provided statements to investigators detailing the condition of the vessel before it departed.
“This boat should have been in the dry dock,” Todd asserted. “They knew this boat had finished parking since Tuesday. They instructed them to put more cargo on that boat. They knew the engine was not working.”
He further alleged that a large generator had been supplied to compensate for the vessel’s mechanical problems.
“You know what they did? They sent them a big, heavy generator and instructed that they use that as a backup, and they forced them to go to sea.”
Todd also criticised authorities for keeping the crew in custody immediately after the tragedy and questioned why the government had not raised the wreck.
“They’ve got a lot of things they could do. They’re not using it because they have things to hide. What is it they’re hiding? That’s the concern now.”
The July 18 sinking of the MV Barima claimed the lives of 73 passengers and is Guyana’s deadliest maritime disaster.
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