The Guyana Human Rights Association (GHRA) yesterday said it is closely monitoring the 72 murder charges instituted against three men over the MV Barima tragedy, stressing that the rights of the accused must be protected as the authorities pursue the truth about the disaster.
In a statement, the rights body said it had taken note of the positions advanced by defence counsel and the Director of Public Prosecutions (DPP) over the charges.
Attorney for the accused have raised questions about the element of intent required to sustain murder charges and the constitutional protection against self-incrimination. The DPP has since issued a statement defending the decision to institute the charges.
“When taken in conjunction with the announced Commission of Inquiry, the filing of murder charges appears intended to show that the government is taking massive action,” the GHRA said.
The association stressed the importance of observing the rule of law throughout the investigation into the sinking, which resulted in extensive loss of life.
It said there is an imperative need to establish the facts surrounding the disaster, identify its underlying causes and determine the corrective measures required.
“Against this background, the GHRA is particularly alert to the importance of respecting and protecting the rights of the accused,” the statement said.
Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson have been charged with 72 counts of murder following the July 18 capsizing and sinking of the MV Barima off the Essequibo Coast. The vessel was travelling from Georgetown to Port Kaituma when it went down.
The tragedy exposed serious deficiencies in the vessel’s loading and passenger-recording systems. The number of people believed to have been aboard was significantly higher than the 133 initially recorded on the manifest, while some rescued passengers were also not accounted for in the official records.
Public Works Minister Juan Edghill subsequently acknowledged failures along the chain of command at the Transport and Harbours Department. He identified the traffic manager at the Kingston goods wharf, the superintendent responsible for loading passengers and cargo and the revenue officer as among those with responsibilities in the process.
Edghill described what occurred as “mischief” and announced that the entire loading team had been sent home pending investigations. The authorities also reported that the captain and other crew members tested positive for marijuana following the sinking.
The institution of murder charges has attracted concern from sections of civil society and the labour movement, which have questioned whether the prosecution is concentrating responsibility on the three accused while broader institutional and regulatory failures remain unresolved.
President Irfaan Ali has since appointed a five-member Commission of Inquiry to investigate the circumstances surrounding the sinking.
The commission comprises Belizean Senior Counsel Godfrey P. Smith, Trinidad and Tobago attorney Nyree Dawn Alfonso, retired Rear Admiral Hayden Pritchard, Jamaican maritime expert Captain Hamada Fouda and Polish naval architect Dr Andrzej Jasionowski.
The GHRA also called on the governing party to adopt an inclusive approach towards the parliamentary opposition in responding to the disaster.
“The GHRA would also like to underline the importance of the ruling party showing inclusiveness towards the Opposition in the aftermath of the disaster. Wisdom and justice demand this,” it said.
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