Dear Editor,
As public hearings for the Commission of Inquiry into the tragic sinking of the MV Barima begin, our nation stands on the threshold of a long-awaited search for truth. Yet, as a concerned citizen watching these proceedings unfold, I am deeply troubled by two questions that remain unaddressed: what happens to those who perjure themselves, or lie under oath, during this inquiry, and why has no one clearly communicated these legal realities to the public?
Official announcements have focused almost entirely on site visits, fleet records, and maritime logs. Virtually nothing has been communicated to ordinary citizens regarding the grave legal responsibilities and risks of giving sworn testimony. Misleading a Commission is a serious criminal offence under Guyanese law. Section 11 of the Commissions of Inquiry Act (Cap. 19:03) penalizes giving false evidence, reinforcing Title 21 of the Criminal Law (Offences) Act (Cap. 8:01), which treats perjury as a severe crime punishable by imprisonment.
Beyond formal statutory penalties, lying before the Commission inflicts immediate trauma on survivors and grieving families. Dishonest or evasive testimony denies victims closure and prevents us from uncovering the true systemic failures needed to safeguard Guyana’s waterways.
However, we must also recognize the intense pressure faced by the survivors themselves. Many are suffering from severe trauma and memory gaps, leaving them highly vulnerable during formal questioning. Without proper guidance, a traumatized survivor whose genuine account differs slightly from official logs risks being unfairly accused of misleading the Commission.
This is precisely why individuals, particularly survivors and key witnesses, must consider securing independent legal representation before testifying. A lawyer serves as a crucial shield: ensuring statements are accurate, protecting traumatized witnesses from coercive questioning, and safeguarding their rights, including future civil claims for compensation regarding an uninsured vessel.
The Commissioners and state authorities must make two things unmistakably clear immediately: anyone who intentionally perjures themselves will face swift legal action, and every witness, especially survivors, must be afforded the legal guidance and protection required to speak the truth safely.
Sincerely,
Keith Bernard
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