SENIOR Police Legal Advisor Mandel Moore on Monday submitted the prosecution’s response to arguments advanced by defence attorney Dexter Todd.
Todd is seeking a stay of the murder proceedings against two Transport and Harbours Department (T&HD) employees charged over the deadly MV Barima disaster.
The matter was called before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court, where the prosecution’s response was formally laid over, paving the way for a ruling on the defence’s application next Monday, October 19, at 10:00h.
Magistrate Mohabir told the court that he would consider the submissions filed by Todd and the prosecution before delivering his decision.
The application seeks to halt the criminal proceedings on grounds of abuse of process, with the defence challenging aspects of the circumstances surrounding the investigation into the July 18, 2026 sinking of the 87-year-old vessel,
The three accused, who appeared virtually via Zoom, are captain Kevin Price, 40, of Melanie Damishana, East Coast Demerara, also known as “KP”; chief mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara; and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara. Todd represents Captain Kevin Price and goods superintendent Delon Granderson. Chief Mate Rondell Dwayne Roberts is represented by attorney Everton Singh-Lammy.
The court made arrangements for hard copies of the submissions to be delivered to the relevant attorneys. The three men were further remanded to prison until then.
Todd had previously indicated that the application would rely on several legal grounds, including legislation and authorities dealing with marine casualty investigations.
The defence’s central argument is that the circumstances surrounding the sinking fall within the scope of marine casualty investigations governed by legislation, including the Shipping Act.
Todd had argued that his clients had not been able to benefit from, or be guided by, those investigations and should be afforded the protections provided under the applicable law.
The attorney had also suggested that the legal challenge could have implications beyond the immediate case, potentially contributing to the development of Guyana’s jurisprudence on the relationship between marine casualty investigations and criminal proceedings.
The case remains at the preliminary stage, with paper committal proceedings expected to begin on November 16. Magistrate Mohabir had previously indicated that he intended to complete that process by the end of November.
A paper committal is a preliminary court process in which the magistrate examines written evidence and other documentary material to determine whether there is sufficient evidence to send the accused to the High Court for trial. It does not involve witnesses appearing in court to give oral testimony or undergo cross-examination during the committal process.
At an earlier hearing on September 9, prosecutor Moore informed the court that the State had completed full disclosure of the evidence and material information gathered during the investigation. The defence was subsequently given time to examine the disclosed material and determine whether statements would be filed on behalf of the accused.
Following the tragedy, Prime Minister Brigadier (Ret’d) Mark Phillips disclosed that two crew members, including the vessel’s captain, had tested positive for cannabis during medical examinations, a finding that became part of the wider investigation into the disaster.
The three T&HD employees were jointly charged with murder following legal advice from Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC.
The Office of the DPP has defended the decision to charge the men, stating that it followed an assessment of the evidence and applicable legal principles.
The DPP has said the decision was informed by relevant case law from the United Kingdom and other Commonwealth jurisdictions, authorities from the European Court of Human Rights, and public policy considerations.
The men first appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Courts on July 28, 2026, where they were not required to plead to the indictable murder charges. They were remanded to prison before the case was transferred to the Charity Magistrate’s Court.
Police allege that Price, Roberts and Granderson murdered passengers aboard the MV Barima when the vessel capsized on July 18, approximately 9.3 nautical miles off Devonshire Castle on the Essequibo Coast.
The passenger and cargo ferry had departed the T&HD Kingston Goods Wharf, Georgetown, at about 15:15h on its scheduled journey to Port Kaituma, Region One.

At approximately 23:01h, the vessel transmitted a distress signal after encountering difficulties near the mouth of the Pomeroon River. A total of 179 people were aboard, including 18 crew members. The disaster claimed 73 lives, while 76 people survived. Approximately 30 others remain unaccounted for.
The criminal case is proceeding alongside a separate Government-appointed five-member Commission of Inquiry (CoI) into the tragedy, which is scheduled to begin taking evidence on Wednesday, October 14.
The DPP has maintained that the CoI and the criminal proceedings can proceed simultaneously because the two processes serve different legal purposes. The CoI is tasked with examining the circumstances that led to the sinking, regulatory oversight, the emergency response and measures to prevent a similar disaster in the future.
Prime Minister Phillips also confirmed that the accused crew members were receiving psychosocial support, noting that they, too, had survived the tragedy and would continue to have access to counselling and other necessary psychological care while in prison.
The Government has also mobilised psychologists, social workers and counsellors to provide trauma and grief support to survivors and bereaved families affected by the disaster.
The charge alleges that on July 18, 2026, at a location 9.3 nautical miles on a bearing of 040 degrees off the Essequibo Coast at Devonshire Castle, in the Essequibo Magisterial District, County of Essequibo, the trio murdered 66 named persons and other persons unknown.
The named victims are Kevin Wilson, Claymont King, Oxwell John, Roma Mendonca, Nathaniel Matabheek, Nathalia Matabheek, Rachel Wells Matabheek, Ezekiel Matabheek, Cheriannys Valenzuela, Orin Clarke, Edith Gordon, Omar Harris Paul Seapersaud, Andriel Bautisa, Youlanda Marks, Gwenette Marks, Shenira Smith, Cleiveliz Fraser, Vivianna Saddurddin, Argelys Kelly Williams, Devon Mars, Robina Hernandez and Tendhi Standford.
Also listed are Adans Williams, Ranaldo Poon, Aarave Daniels, Marcia Beharry, Leonard Persaud, Mariam Bernard, Ravindra Singh, Shivana LaCruz Ramsindo, Christiani Rodrigues, Annalisa Murray, Owen Arthur, Loveisa Bovell, Joshua Arthur, Ranaldo Pickering, Bibi Mohamed, Sylvester Peters, Shawn John, Akelah Rodrigues, Vishawn Ramjattan, Nelly Duesberry, Samara Manoharlall and Sherlon Joseph.
The remaining named victims are Timar Manoharlall, Dellon Gaskin, Percy France, Alicia Atkinson, Dwyane Forbes, Orin Europe, Orwin Europe, Justin Mury, Odessa Mury, Reshana David, Kishana Sam, Tiona Sam, Elizebeth Bowin, Argany Williams, Omarions Europe Jacob Jerome, Mark Abrams, Ashleena Bovel, Kyle Thomas, Carlton Bennett, Navessa Bovell, Martin Ishmeal and Jason Headley, along with other persons unknown.