THE Commission of Inquiry (CoI) established to investigate the MV Barima tragedy has been given sweeping powers to determine the circumstances surrounding the incident, identify those responsible for any failures and recommend wide-ranging reforms to Guyana’s maritime sector.
According to the Terms of Reference (ToRs) published in the Official Gazette on Monday, the Commission has been directed to conduct “a comprehensive, independent and impartial public inquiry” into the July 18 tragedy and submit findings and recommendations aimed at preventing similar disasters in the future.
The five-member Commission is chaired by former Belizean Justice of Appeal Justice Godfrey Phillip Smith and comprises Jamaican maritime surveyor Captain Hamada Fouda; Trinidad and Tobago attorney Nyree Dawn Alfonso; Polish naval architect and marine engineer Dr. Andrzej Jasionowski; and retired Trinidad and Tobago Rear Admiral Hayden Pritchard.
Attorney-at-law Javed Khomeini Shadick has been appointed Secretary to the Commission. He will be responsible for maintaining its records, summoning witnesses, preserving evidence and performing any other duties assigned by the Commissioners.
Among the Commission’s principal tasks is determining “the immediate, direct and indirect causes and contributing factors” that led to the vessel’s capsizing and sinking.
It is also required to examine whether the vessel was seaworthy, whether it complied with maritime safety standards, whether passenger and cargo limits were exceeded and whether loading, stability or mechanical failures played a role in the disaster.
The inquiry will also scrutinise the actions of the captain and crew, including whether they possessed the required qualifications and training, complied with established safety procedures and ensured adequate life-saving equipment was available for passengers and crew.
Another major focus will be the emergency response. The Commissioners have been instructed to evaluate “the adequacy, timeliness, coordination and effectiveness” of the search, rescue and recovery operations conducted by the Guyana Defence Force Coast Guard, Maritime Administration Department, Transport and Harbours Department, Guyana Police Force, health authorities and other responding agencies.
The Terms of Reference also require a far-reaching review of the Transport and Harbours Department’s management systems, including vessel inspections, maintenance schedules, operational procedures, staffing, supervision, safety management, training programmes and regulatory oversight.
The Commissioners will also determine whether previous safety recommendations were ignored and whether any failures within the department contributed to the tragedy.
Importantly, the Commission has been empowered to identify “any act, omission, negligence, misconduct, dereliction of duty, breach of statutory obligation or abuse of authority” that may have contributed to the disaster.
Where supported by the evidence, it may recommend disciplinary or administrative sanctions and refer matters to the appropriate authorities for criminal or civil investigation. However, the Terms of Reference make clear that the Commission itself will not determine criminal guilt or civil liability.
To carry out its work, the Commission may summon witnesses, compel the production of documents, inspect the wreck, obtain electronic communications and navigation records, commission technical examinations and seek assistance from independent experts. It is also authorised to issue interim reports if it identifies urgent safety concerns requiring immediate attention.
The Commissioners are expected to submit their final report to President Dr. Irfaan Ali within two months unless an extension is granted.
The report is expected to include recommendations to strengthen maritime legislation, improve vessel inspections and certification, enhance emergency preparedness and search-and-rescue capabilities, reinforce regulatory oversight and improve the governance of the Transport and Harbours Department.
The CoI was established following the sinking of the MV Barima on the night of July 18, 2026, approximately 10 nautical miles off the Essequibo coast while en route from Georgetown to Port Kaituma in Region One (Barima-Waini).
Authorities later determined that an estimated 179 people, including crew members, were aboard the vessel, significantly more than the 133 persons listed on the manifest.
The tragedy claimed the lives of 73 people, while 76 persons were rescued. Thirty people remain missing, making it the deadliest maritime disaster in Guyana’s history.
Meanwhile, the criminal investigation into the disaster is proceeding alongside the CoI. Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Cargo Superintendent Delon Granderson have each been charged with murder in connection with the sinking of the MV Barima.
The three were further remanded to prison on Monday after appearing before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court. Their next court date is September 7.
Following the disaster, Prime Minister, retired Brigadier Mark Phillips, disclosed that two crew members, including the captain, tested positive for marijuana.
