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Opposition Leader has doubts over MV Barima inquiry commissioners

From left are Polish forensic naval architect and marine engineer Dr. Andrzej Jasionowski, Nyree Dawn Alfonso of Trinidad, Chief Magistrate Judy Latchman, Captain Hamada Fouda of Jamaica and Rear Admiral (Ret’d) Hayden Pritchard of Trinidad and Tobago.

Opposition Leader Azruddin Mohamed last evening questioned the independence of the Commission of Inquiry (CoI) into the MV Barima tragedy, citing alleged connections between two commissioners and persons linked to the government.

In a video posted on Facebook following yesterday’s swearing-in of the five-member commission, Mohamed also complained that he had not been consulted on its composition and called on the government to immediately release its full terms of reference.

“Now that the commissioners have been named and sworn in, I am disappointed, as Leader of the Opposition, that I was not consulted on their appointment,” he said.

Mohamed argued that President Irfaan Ali had unilaterally established the inquiry instead of making the process inclusive and transparent. He also expressed concern that members of the media were not allowed into the swearing-in ceremony.

“The government does not want us to scrutinise the commissioners,” he charged.

Mohamed raised questions about commissioner Captain Hamada Fouda, whom he said had business interests in Guyana, including involvement with a maritime training institution at Friendship, East Bank Demerara, and the Layali restaurant at the Pegasus Hotel.

He also alleged that Fouda was close to the President and had played a part in selecting other members of the commission. 

Kiskadee Watch on Sunday emailed Miranda Thakur-Deen of the Atlantic Alliance Maritime and Offshore Training Institute (AAMOTI), seeking clarification about whether Captain Hassan Fouda, who is associated with the institute, is the son of Commissioner Hamada Fouda.

The newspaper also asked about Hassan Fouda’s duties at AAMOTI and whether either the institute or Hassan Fouda had any involvement with the MV Barima, its operators, maritime inspections, crew training, certification or any agency likely to be examined by the COI. No response has been received.

Kiskadee Watch also contacted the head of President Ali’s Press Unit, Suelle Findlay-Williams, on Tuesday to ask whether Hamada Fouda had a son working in Guyana’s maritime sector.

Findlay-Williams initially said she would respond when she had more information. After several follow-up messages, she yesterday advised the newspaper to contact Fouda directly.

Asked whether she could provide his contact information, Findlay-Williams said: “Regrettably, my department has not yet been furnished with the contact details. I am sorry, but I am unable to assist at this time.”

Mohamed also questioned a professional connection between commissioner Nyree Dawn Alfonso and Minister of Labour and Manpower Keoma Griffith.

He referred to information previously published on the website of the Trinidad and Tobago law firm N. D. Alfonso & Company, which was founded by Alfonso. The website had identified Griffith as the firm’s Guyana correspondent and listed a Georgetown office connected to the arrangement.

“These publicly disclosed professional relationships again warrant questions on the commission’s independence and impartiality,” Mohamed said.

Kiskadee Watch sent questions to Griffith on Wednesday asking whether he remained associated with the firm and when and why his photograph had been removed from its website.

He was also asked whether he believed the relationship created a conflict of interest in connection with Alfonso’s appointment or in circumstances where the firm represented clients seeking government approvals or contracts in Guyana. Griffith has not responded.

Full disclosure

Mohamed called for the disclosure of all local officials and staff who will provide support to the commission.

He said Public Works Minister Juan Edghill and Public Utilities and Aviation Minister Deodat Indar should have no involvement with the inquiry because their portfolios cover the Maritime Administration Department (MARAD) and the Transport and Harbours Department.

“They both should be sent home pending the outcome of this inquiry and make themselves fully available to answer any questions the commission may have,” he said.

The Opposition Leader said the inquiry must identify every failure which contributed to the disaster and ensure that anyone found responsible faced the law, regardless of office or position.

He also called for long-term counselling and psychosocial support for survivors and bereaved relatives, as well as substantial compensation for affected families.

“No family should be pressured into signing any document or forced to accept any meagre sum of money,” Mohamed said.

Swearing in

Yesterday, former Belizean Justice of Appeal Godfrey Phillip Smith and four commissioners were sworn in to conduct the inquiry.

Belizean Justice of Appeal Godfrey Phillip Smith taking the oath virtually.

Chief Magistrate Judy Latchman administered the oath at State House. Smith, who was not yet in Guyana, participated virtually, while the other commissioners were sworn in in person.

Smith will chair the commission, which also includes Fouda, Alfonso, Polish forensic naval architect and marine engineer Dr Andrzej Jasionowski and retired Trinidad and Tobago Rear Admiral Hayden Pritchard.

Ali said the country deserved “a full, fair and impartial account” of the July 18 disaster and an examination of what must be done to prevent a recurrence.

The President said the commission had been given a broad mandate to establish the facts, examine the causes and contributing factors, assess compliance with maritime laws and operating standards and evaluate the search, rescue and recovery operation.

It is also expected to identify failures and recommend reforms to strengthen the country’s maritime transportation system.

Ali said the commissioners would determine their own procedures and conduct their work independently. He pledged administrative, technical, financial and logistical support from the government.

The terms of reference include the ferry’s loading, passenger-boarding procedures, seaworthiness, maintenance, the competence of the crew, compliance with maritime regulations and the emergency response.

The commission is also expected to determine whether negligence, misconduct, dereliction of duty or institutional failures contributed to the tragedy.

The sinking has led to murder charges against Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson.

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