–as prosecution makes full disclosure

THE murder case against three Transport and Harbours Department (T&HD) employees who were charged over the sinking of the MV Barima is moving towards its next major procedural stage, with paper committal proceedings set for November 16.

The date was fixed on Monday when the matter came up before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court, following confirmation from the prosecution that disclosure of the evidence to the defence has been completed.

Senior Police Legal Advisor and attorney-at-law Mandel Moore told the court that the prosecution had disclosed all evidence and material information intended to be relied upon in the case.

The defence was subsequently given seven days to indicate whether statements will be filed on behalf of the accused. That deadline is September 14, when the matter is expected to return to court.

If statements are filed, the defence will have 45 days within which to do so.

The case will then proceed to the paper committal stage on November 16.

The accused are Kevin Price, called “KP”, 40; Rondell Dwayne Roberts, 42; and Delon Granderson, 33. Price is a captain from Melanie Damishana, East Coast Demerara (ECD); Roberts is a chief mate from Grove Public Road, East Bank Demerara (EBD); and Granderson is a goods superintendent from Fellowship, West Coast Demerara (WCD).

The three men were members of the MV Barima’s crew when the vessel sank on July 18, resulting in the deaths of dozens of passengers.

They were jointly charged with murder following legal advice from Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC.

The accused first appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Courts on July 28.

They were not required to plead to the indictable murder charge and were remanded to prison.
The proceedings were subsequently transferred to the Charity Magistrates’ Court.

According to the charge, police alleged that the three men murdered 68 named persons and other persons unknown on July 18, at a location approximately 9.3 nautical miles off the Essequibo Coast near Devonshire Castle.

The allegations arise from the sinking of the MV Barima, an 87-year-old passenger and cargo vessel that was travelling from Georgetown to Port Kaituma in Region One (Barima-Waini).
The vessel departed the Kingston Goods Wharf in Georgetown at approximately 15:15 hrs on July 18.

Later that night, the vessel encountered difficulties while travelling off the Essequibo Coast, near the mouth of the Pomeroon River, before eventually capsizing. Approximately 179 passengers and crew were believed to have been aboard.

The disaster resulted in 73 deaths, while 76 people survived. Authorities have said approximately 30 people remain unaccounted for.

The incident triggered a large-scale search, rescue and recovery operation involving several state agencies and other responders.

The Guyana Defence Force Coast Guard, Guyana Police Force, Maritime Administration Department (MARAD), Guyana Fire and Rescue Service, and the Civil Defence Commission were among those involved. Local fishermen, private vessels and international partners also assisted with the response and recovery effort.

Divers were deployed as part of underwater searches around the wreck, while search teams covered extensive areas in an effort to locate missing persons and recover victims.

The disaster also led to the establishment of a five-member Commission of Inquiry (CoI) by the Government.

The inquiry is tasked with examining, among other things, the circumstances surrounding the sinking, the seaworthiness of the vessel, regulatory oversight and the emergency response.

It is also expected to make recommendations aimed at strengthening maritime safety and preventing similar tragedies.

The criminal proceedings against the three T&HD employees are continuing independently of the CoI. The DPP has previously indicated that the establishment of the inquiry does not prevent the criminal case from proceeding and that both processes can continue simultaneously.

A further issue arising from the aftermath of the disaster was the condition of members of the vessel’s crew.

A day after the sinking, Prime Minister Brigadier (Ret’d) Mark Phillips disclosed that two crew members, including the captain, had tested positive for marijuana.

The Prime Minister subsequently said the accused continue to receive psychosocial support while the criminal proceedings remain ongoing.

Price and Granderson are represented by a team led by Dr Dexter Todd, with attorney Dexter Smartt also among the lawyers involved. Roberts is represented by attorney-at-law Everton Lammy-Singh.
The November 16 proceedings will be significant because a paper committal is a preliminary step before a serious criminal matter can proceed to the High Court.

Unlike a trial, the process does not involve witnesses giving live evidence before the magistrate. Instead, the court considers the written evidence placed before it by the prosecution to determine whether there is sufficient evidence to commit the accused for trial in the High Court.

The fixing of the paper committal date follows the completion of disclosure, which allows the defence to review the material being relied upon by the prosecution and determine its next steps.

The matter will return on September 14, when the defence is expected to indicate whether statements will be filed. The three accused remain remanded as the case progresses through the preliminary proceedings.