The Commission of Inquiry into the sinking of the MV Barima has not decided whether to summon the three men charged with murder in connection with the disaster, Chairman Justice Godfrey Phillip Smith said.
His disclosure followed questions from attorney Susanne Bullen, who represents accused Delon Granderson, about possible testimony by the men, access to daily transcripts and whether evidence emerging from the inquiry could be used in their criminal proceedings.
Bullen told the commission that her team had previously written seeking clarification on whether the accused would be summoned. She explained that she was seeking information on matters that could affect the criminal case, rather than applying for standing at the inquiry.
Smith confirmed that the commission had previously indicated that Granderson and the other two accused could provide useful testimony. However, commissioners had not deliberated on whether to summon them.
Asked whether Granderson would be willing to testify voluntarily, Bullen said she had no instructions on that question but would consult her client and follow up.
“We are unable at this time, because we have not discussed and deliberated upon it, to say whether or not, bearing in mind your client’s right not to incriminate himself, whether we will summon him in any event,” Smith said.
He assured Bullen that the commission would contact her if it decided to summon Granderson.
Smith also said the commission had a duty to bring any adverse evidence, comments or criticism concerning Granderson to his attention through his counsel.
Bullen sought earlier access to transcripts, noting that the commission’s stated arrangement was to publish them on its website at the conclusion of the hearings.
Smith said he was unsure whether transcripts were yet available even to commissioners, explaining that their preparation took time.
On whether evidence from the inquiry could be used in the parallel criminal proceedings, he said that was a matter for the criminal courts.
“Whatever evidence is available and publicly available, people might try to use. Whether they’ll be able to do that is strictly a question for the criminal courts,” he said.
Granderson, 33, a goods superintendent of Fellowship, West Coast Demerara, is charged alongside the vessel’s captain, Kevin Price, called “KP”, 40, of Melanie Damishana, East Coast Demerara, and chief mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara.
The three Transport and Harbours Department employees were charged with murder following advice from the Director of Public Prosecutions concerning the deaths of passengers aboard the vessel.
The MV Barima sank on July 18 while travelling from Georgetown to Port Kaituma, Region One. Seventy-three people have been confirmed dead, while others remain unaccounted for.
The criminal proceedings are separate from the inquiry, which is examining the circumstances surrounding the sinking and the events leading up to it.
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