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Do not sign any gov’t document without legal advice – Opposition Leader advises MV Barima victims

The memorial agreement that the government had hoped to have signed.

Opposition Leader Azruddin Mohamed has urged the survivors of the MV Barima tragedy and relatives of those who died or remain missing not to sign documents presented by the government without first obtaining independent legal advice.

In a video posted on his Facebook page, Mohamed drew parallels between the treatment of families affected by the ferry disaster and the compensation arrangements made following the 2023 Mahdia Secondary School dormitory fire.

“Do not be pressured, coerced or frightened into signing anything,” Mohamed said. “Choose independent counsel who answers only to you and not the state.”

His warning comes after the government distributed a document to relatives of persons still missing from the MV Barima seeking their agreement for the wreck to remain on the seabed and be designated a memorial site.

The document, titled “Declaration of Agreement – MV Barima as Memorial Site”, asked relatives to indicate whether the vessel should remain undisturbed as the final resting place of those still missing.

Prime Minister Mark Phillips subsequently said that the families would determine whether the wreck should be raised or the site converted into a memorial. This followed an offer from Mohamed to arrange for an international marine salvage company to raise the vessel at no cost to taxpayers. Phillips did not acknowledge the offer during that press briefing.

Mohamed said the scale of the July 18 tragedy had devastated entire families.

“Some families lost seven loved ones that night,” he said, adding that there were children who had lost their parents, parents who had lost all their children and a husband who lost his wife and children.

The Opposition Leader urged the affected families to consider the experience of relatives of the 20 children who died in the May 2023 fire at the Mahdia Secondary School dormitory.

Following that tragedy, the government offered families $5 million each under written agreements which stated that the payments would settle claims and causes of action arising from the fire. Attorney General Anil Nandlall SC confirmed the arrangements at the time. 

Mohamed accused the government of pressuring the Mahdia families to accept the money and surrender their right to pursue further legal action. He also said now Minister of Labour and Manpower Planning Keoma Griffith, acted as an attorney during the engagement with the families.

According to Mohamed, Griffith was selected by Nandlall to act as purportedly independent counsel and advised the families that court proceedings would be lengthy and that accepting the government’s offer would be preferable.

Mohamed alleged that at least one mother subsequently said in court proceedings that she had neither retained Griffith nor met him before the engagement with the families. He said the agreements were witnessed by Griffith and another attorney working closely with the Attorney General’s Chambers.

Some Mahdia families are challenging the compensation arrangements and pursuing negligence and constitutional claims against the state. In June, Acting Chief Justice Navindra Singh refused applications by the state to strike out proceedings brought by relatives of 13 girls who died in the fire.

The families have alleged that the agreements were signed under duress and without independent legal advice. The state maintains that the agreements are binding. The court ruled that the disputes raised substantial legal and factual questions which required a full hearing, but noted that the agreements could still form part of the state’s defence. The cases are expected to return for case management in November.

“If this government was prepared to do it to the victims of Mahdia, they can do it to you too—the survivors and victims of the MV Barima,” Mohamed warned.

He said his We Invest in Nationhood (WIN) party was prepared to help the families identify independent attorneys to pursue compensation and other legal remedies.

Mohamed also criticised the psychosocial assistance being offered to affected families. While acknowledging that the Ministry of Human Services had begun contacting some of them, he said relatives had complained that the intervention largely consisted of brief telephone calls enquiring about their welfare and whether they were contemplating self-harm.

“This is not the standard of care that people who have suffered this level of trauma deserve,” he said.

Mohamed called for clinical psychologists and professionals trained in grief and trauma therapy to visit the families in their homes and provide long-term psychosocial support.

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