MV Barima inquiry to establish accountability – ToR

-report to be submitted in two months

The Terms of Reference (ToR) for the inquiry into the July 18 capsizing of the MV Barima, which resulted in 73 deaths with around 30 other persons missing, include establishing accountability for what happened and a report is expected in two months.

The ToR, dated July 30th, were published in the online Official Gazette this morning and it says the inquiry is to be conducted  continually at Georgetown, Region Two and any other place as the commission may determine

The commission shall:

1. Establish the full circumstances surrounding the tragedy, including the sequence of events, before, during and after the capsizing and sinking;
2. Determine why the vessel capsized and sank, why the casualty developed so rapidly and the immediate direct, contributing and systemic causes;
3. Determine whether the vessel was seaworthy and safely fit to undertake the voyage, and whether applicable statutory, regulatory, certification, inspection and operating requirements were complied with;
4. Examine the ownership, operation, maintenance and management of the vessel and the operational management, governance and safety systems of the Transport and Harbours Department;
5. Examine passenger boarding, manifest preparation, passenger numbers and management, possible overcrowding, cargo loading and stowage, and the availability and use of life-saving equipment;
6. Comprehensively review the search, rescue and recovery operations, including the adequacy, coordination, timeliness and effectiveness of the response by all agencies and stakeholders involved;
7. Evaluate the extent to which applicable laws, regulations, standards, licence  and certificate requirements, and operating procedures governing ferries and other relevant passenger and cargo vessel operations were complied with;
8. Determine whether any act or omission, negligence, misconduct, dereliction of duty, systemic deficiency or institutional failure by any individual, entity or institution contributed to or caused the casualty or adversely affected the response;
9. Recommend appropriate accountability and referral to competent authorities where warranted by the evidence and
10. Recommend legislative, regulatory, institutional, administrative and operational reforms, and any other measures necessary to strengthen maritime safety, improve emergency preparedness and response, and reduce the likelihood of similar tragedies occurring in the future

As it relates to loading, cargo and stability arrangements, the inquiry is to examine

1. The nature, quantity and total weight of cargo, baggage, vehicles, fuel, dangerous goods and other articles carried aboard;
2. The procedures for weighing, recording, loading, distributing, stowing and securing cargo and vehicles;
3. The vessel’s draught, trim, ballast condition,  freeboard, stability calculations at departure and during the voyage;
4. Whether any cargo or vehicle shifted, whether water ingress or flooding occurred and the effect of any such event upon stability.

As it relates to machinery and technical systems the inquiry is to assess:

1. The condition and operation of the propulsion machinery, steering systems, generators and electrical systems.
2. The condition and operation of bilge systems and other essential safety systems.

Among other areas, the inquiry will address the search, rescue and recovery operations. This would include the availability, suitability, mobilization and deployment of personnel, vessels, aircraft, medical services, equipment and other resources.

The roles and responses of the GDF coast guard, MARAD, T&HD and the police will also be assessed.

Under accountability and referrals, the ToR say that the Commission shall determine on evidence whether any act or omission, negligence, misconduct, dereliction of duty and breach of  law contributed to the casualty.

Where warranted by the evidence the Commission shall identify the persons, entities or institutions concerned and recommend appropriate measures of accountability. The commission shall also determine whether the evidence discloses possible criminal conduct, including possible criminal negligence, misconduct in public office, falsification or concealment of certificates or maintenance records, fraud, corruption, obstruction of justice, destruction or concealment of evidence, or any other offence under the laws of Guyana.

The Commission of Inquiry comprises Justice Godfrey Phillip Smith as chairman, Captain Hamada Fouda of Jamaica, Nyree Dawn Alfonso of Trinidad and Tobago, Polish forensic naval architect and marine engineer Dr. Andrzej Jasionowski, and Rear Admiral (Ret’d) Hayden Pritchard of Trinidad and Tobago. The five-member panel was appointed by  President Irfaan Ali under the Commissions of Inquiry Act.