Attorneys representing the three men charged in connection with the deaths resulting from the sinking of the MV Barima are asking the court to halt the murder proceedings, arguing that the charges amount to an abuse of the law.
The three accused: Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson
attached to the Transport and Harbours Department—are facing 72 murder charges stemming from the July 18, 2026 sinking of the MV Barima off the Essequibo coast while the vessel was travelling to Port Kaituma.
The application was made yesterday at the Charity Magistrate’s Court, where attorney Dexter Todd argued that the criminal proceedings should be stayed and that the incident should instead be investigated in accordance with the Shipping Act, which provides for specific procedures surrounding these types of marine casualties.
Todd argued that the men have not been afforded the protection provided under the Shipping Act and said the matter requires a proper investigation before any determination of criminal culpability is made.
“Under the Shipping Act, these types of matter or incidents require a particular investigation, it is not a situation where someone went on the vessel and murdered over 100 people. It is an incident that happened, a capsizing of a vessel, which to our mind requires a number of answers through an investigation to be given under the Shipping Act. There are procedures laid out for such an investigation before arriving at the determination as to whether someone is culpable or not,” Todd said.
The attorney said the application to stay the proceedings will be premised on several arguments which he hopes the court will consider, relying on provisions of the Shipping Act as well as a number of case laws.
Todd further argued that the Shipping Act already provides for breaches involving crew members, including situations where a captain may be operating a vessel under the influence of alcohol.
He maintained that the State should not bypass those provisions and instead pursue criminal charges for conduct arising from the incident.
As he did in court, Todd emphasized that the law must be followed and that the appropriate legal process must be observed before determining whether the accused should face criminal culpability.
Magistrate Ravindra Mohabir has granted the defence until September 28, 2026 to file its formal submissions, while the prosecution is expected to respond by October 12.
The matter is scheduled to return to court on October 19, 2026, when Magistrate Mohabir is expected to deliver his decision on the application to stay the proceedings.
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