-formal hearing begins October 14
MORE than 100 witnesses, including a survivor, relatives of victims, first responders and officials, are expected to appear before the Commission of Inquiry (CoI) into the MV Barima tragedy.
Secretary to the commission, attorney-at-law Javed Shadick made the disclosure on Tuesday at a press conference ahead of the formal hearings scheduled to begin next Wednesday.
The five-member CoI will commence evidence-taking on Wednesday, October 14 at the Arthur Chung Conference Centre (ACCC), following a week of meetings and site visits that are intended to familiarise the commissioners with the people, locations and institutions connected to the July 18 disaster.
“On Wednesday, (October 14) we plan to commence the first sitting of the commission here where we will start gathering evidence from persons who we would have processed,” Shadick said.
He said the potential witnesses have been divided into broad categories based on their connection to the tragedy. “So far on the ToRs (Terms of Reference), we have divided types of witnesses. “We are looking at persons who would have been first responders, officials, and survivors, and families of those who would have [sic] perished,” Shadick explained.
While the commission has identified more than 100 potential witnesses, Shadick said it is not yet possible to say how many people will fall into each category. However, despite a public invitation for people with information to come forward, only one survivor has so far contacted the commission indicating an intention to testify.
Shadick said, “Not many persons have come forward. In fact, only one person has made contact with the secretariat, informing us of their intent to step forward.” He stressed that the commission’s preliminary engagements with survivors and families should not be confused with formal evidence-taking.
The commissioners will begin their activities on Wednesday, October 7, with an opening ceremony, followed by meetings with survivors and the families of survivors later that day.
On Thursday, October 8, they will visit the Kingston Wharf, the Maritime Administration Department (MARAD) and the Transport and Harbours Department (T&HD).
The following day, they are expected to visit two dry-dock facilities on the East Bank of Demerara.
The commissioners will then travel to Mabaruma and Port Kaituma on October 12 and 13, respectively, where they will visit the wharf facilities and engage survivors and families affected by the tragedy. Shadick emphasised that those engagements are intended to allow the commissioners to meet affected persons and familiarise themselves with the relevant locations, rather than collect evidence outside the formal hearings.
He added, “These meetings are not evidence taking; they won’t be taking evidence. It will just be a meeting as the commissioners wish to reach out to them.”
The formal evidence-gathering process will begin on October 14 and is expected to continue Monday to Friday, from 09:00hrs. to 16:00hrs. Interpreters and counsellors are also expected to be available where necessary. Shadick said counsel for the CoI, attorneys Arudranauth Gossai and Teni Housty, have already been working behind the scenes to identify and interview potential witnesses and gather relevant documentation.
The commission has also been reviewing documents and technical information related to the vessel’s seaworthiness, the circumstances under which it sailed and the operation of the crew during the voyage. Preliminary work previously announced by the commission included obtaining information from MARAD, the T&HD, and the Coast Guard.
Shadick said the commissioners themselves also possess considerable knowledge of maritime matters. “Some of the commissioners are very, very knowledgeable about shipping and shipping procedures and so on,” he had said.
The commission will examine the circumstances surrounding the capsising and sinking of the MV Barima, including the events leading up to the disaster, the vessel’s seaworthiness, crew operations, safety procedures, and the response following the incident.
It will also consider whether negligence, misconduct, dereliction of duty, systemic deficiencies or institutional failures contributed to the disaster.
The inquiry was initially expected to be completed within two months.
However, Shadick acknowledged that the timeline would have to be extended because of the volume of evidence expected to be gathered. He estimated that the commission could take approximately six months to complete its work.
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.
The MV Barima tragedy involved the 87-year-old passenger and cargo vessel, which departed the Kingston Goods Wharf in Georgetown at about 15:15hrs. on July 18, bound for Port Kaituma.
The vessel later encountered difficulties while sailing off the Essequibo Coast, near the mouth of the Pomeroon River, before capsizing.
An estimated 179 passengers and crew were aboard at the time. The disaster claimed 73 lives, while 76 people survived and approximately 30 others remain unaccounted for, according to authorities.
The sinking triggered a large-scale search, rescue and recovery operation involving the Guyana Defence Force Coast Guard, Guyana Police Force, Maritime Administration Department (MARAD), Guyana Fire and Rescue Service and Civil Defence Commission, alongside local fishermen, private vessels, and international partners.
Divers were deployed to conduct underwater searches around the wreck, while teams scoured extensive areas for survivors, missing persons, and victims.
The tragedy subsequently resulted in criminal charges against three Transport and Harbours Department employees. Captain Kevin Price, chief mate Rondell Dwayne Roberts, and goods superintendent Delon Granderson were each charged with murder in connection with the disaster and are before the Charity Magistrate’s Court.
The three accused are currently on remand.
The government is currently evaluating bids from three companies for the salvage of the sunken MV Barima, with proposals ranging from $1.034 billion to $2.035 billion.
The bidders are BK International Inc., which submitted the lowest bid of $1.034 billion; Industrial Fabrication Inc. (InFab), with a bid of $1.895 billion; and Netherlands-based KMS B.V., which submitted the highest bid of $2.0351 billion.
According to a MARAD notice, the ferry is submerged in approximately 15 metres of water, about 28 nautical miles north of Guyana’s coast. The vessel is approximately 38.6 metres long, with an 8.9-metre beam, and is lying on its side in soft mud.
