Magistrate Ravindra Mohabir yesterday rejected a defence application to halt the murder proceedings against three Transport and Harbours Department employees charged over the MV Barima disaster, clearing the way for paper committal proceedings to begin on November 16.
At the Suddie Magistrate’s Court, Mohabir ruled that continuing the criminal case while the Commission of Inquiry investigates the sinking did not amount to an abuse of process.
The accused are Captain Kevin Price, called “KP”, 40, of Melanie Damishana, East Coast Demerara; Chief Mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara; and Goods Superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara.
Attorney Dexter Todd, who represents Price and Granderson, argued that the Shipping Act provides a specialised mechanism for investigating maritime casualties and that a board should have been established to conduct the required inquiry.
He contended that the statutory framework contemplated a single investigative process or forum at a time and challenged the continuation of the criminal proceedings alongside the presidential Commission of Inquiry.
Prosecutor Mandel Moore opposed the application, arguing that nothing in the Shipping Act prevents the Director of Public Prosecutions (DPP) from instituting murder charges and pursuing a paper committal.
Moore submitted that the DPP’s authority to institute criminal proceedings derives from the Constitution and that the court must apply the law governing committal proceedings.
In his ruling, Mohabir said the court’s task was to determine whether the prosecution’s evidence was sufficient to commit the accused to stand trial in the High Court or whether they should be discharged.
He ruled that the criminal proceedings could continue notwithstanding the ongoing inquiry.
Todd represents Price and Granderson, while attorney Everton Singh-Lammy represents Roberts.
The application followed a preliminary challenge raised at the September 14 hearing. Written submissions subsequently filed for Price and Granderson argued that the State had instituted murder charges before the marine-casualty investigation contemplated under the Shipping Act had been properly undertaken.
The defence identified the vessel’s seaworthiness, loading, navigation, safety requirements and the acts or omissions contributing to the deaths as matters requiring investigation. It argued that parallel processes could result in premature attribution of responsibility, conflicting findings and prejudice to the accused.
The attorneys acknowledged the DPP’s constitutional authority and sought a pause in the proceedings rather than termination of the prosecution.
Price, Roberts and Granderson were charged on July 28 following advice from the DPP. They face 73 counts of murder arising from the July 18 sinking while the vessel was travelling from Georgetown to Port Kaituma.
They initially appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Court, where they were not required to plead and were remanded. The matter was subsequently transferred to the Charity Magistrate’s Court.
The Commission of Inquiry began public evidence-taking on October 14. Chairman Godfrey P. Smith has explained that the commission is not a criminal court and will not determine criminal guilt or civil liability. Its role is to establish the facts, identify causes and failures, and recommend reforms.
Relatives of the accused have staged protests calling for their release, maintaining that responsibility for the disaster should not rest solely with the three employees. Opposition parties have also questioned whether the men are being scapegoated while wider issues of maintenance, inspection and government oversight remain unresolved.
Discussion