Commission of Inquiry Chairman Justice Godfrey P Smith has said that Maritime Administration Department (MARAD) Director-General Stephen Thomas should bring relevant vessel safety records when he appears to testify before the inquiry into the July 18 sinking of the MV Barima.
The directive arose on Thursday during the examination of former Director of Maritime Safety at MARAD, Captain John Flores, who acknowledged that key documentation for older government-operated ferries remained unavailable when he left the post in April 2023.
Thomas was not present during the hearing when the chairman indicated that the relevant records should be brought to the commission rather than merely be attached to his witness statement.
Questioning Flores, Polish naval architect and forensic marine engineer Dr Andrzej Jasionowski examined the certification and safety documentation required for government ferries, including stability booklets, load-line certificates, loading manuals and documents relating to the International Convention for the Safety of Life at Sea (SOLAS).
Flores said that when he joined MARAD around 2015–2016, the agency lacked substantial documentation for ferries previously managed by the Transport and Harbours Department (T&HD).
He explained that MARAD had approached T&HD to obtain registration documents and certificates and rebuild the vessels’ files, but acknowledged that the documentation gap remained unresolved when he left the position.
While newer vessels, including the MV Sabanto, had modern certification, records for older ferries remained unavailable.
Flores also said he could not recall whether the MV Barima possessed the relevant safety certification, indicating that the vessel’s inspection files would need to be examined.
When asked whether government ferries were required to possess the various safety documents, Flores said the precise legal requirements needed clarification. He raised the possibility of exemptions or different survey requirements for government-operated vessels but did not establish that any such exemptions existed.
The commission indicated that clarifying the legal position was central to its examination. Following the questioning, Justice Smith advised Flores to consider seeking legal counsel because of the questions surrounding his former responsibilities and the documentation requirements applicable to government ferries.
The records that Thomas are expected to bring could help the commission establish what documentation MARAD held for the MV Barima, what inspection deficiencies were recorded and whether the applicable safety requirements were met.
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