— Paper committal set for November 16, with decision expected December 14
Magistrate Ravindra Mohabir on Monday ruled that the ongoing Commission of Inquiry (CoI) into the MV Barima disaster did not constitute grounds for halting the murder proceedings against three crew members.
The decision paves the way for the paper committal to begin next month.
The court will begin examining the prosecution’s evidence on November 16, 2026, at the Charity Magistrate’s Court, where the magistrate will determine whether the evidence warrants sending the accused to trial.
A decision is expected on December 14.
The challenge was raised by Dr Dexter Todd, counsel for captain Kevin Price and goods superintendent Delon Granderson, who questioned the propriety of pursuing criminal proceedings while a government-appointed CoI is investigating the same tragedy.
Dr Todd’s position was that the legislation governing such incidents provided for a prescribed investigative procedure, including an inquiry by a designated board.
He argued that the parallel commission and criminal case raised concerns about whether the proceedings before the magistrate were properly instituted.
The prosecution rejected that interpretation.
Senior Police Legal Advisor Mandel Moore argued that the Shipping Act did not bar the Director of Public Prosecutions (DPP) from pursuing criminal charges and that the DPP’s constitutional powers permitted the institution of the murder case.
The prosecution also maintained that the magistrate was bound by the Criminal Law Procedure (Paper Committals) Act, which governs the proceedings currently before the court.
In dismissing the objection, Magistrate Mohabir emphasised that his task was to assess the evidence and decide whether it was sufficient to justify committing the accused to stand trial or whether the men should instead be discharged.
He said, “What this court is concerned with at this time is to determine based on what is presented by the prosecution, whether there is sufficient evidence to permit these accused persons to stand trial for the offence of murder.”
“Whether having regard to what is presented before this court, whether there is sufficient evidence or a lack of evidence rather to discharge the accused persons of this offence or charge of murder.”
“I say therefore, and this is my ruling, that it is not an abuse of process to have these proceedings conducted in this court,” he ruled.
Rondell Dwayne Roberts, the vessel’s chief mate, is represented by attorney Everton Singh-Lammy, who did not file an abuse of process application.
The court has scheduled November 23 for the defence to submit its arguments after the evidence is presented, followed by the prosecution’s reply on December 7.
The magistrate will deliver his decision on December 14 on whether the case should proceed to trial.
Price, Roberts and Granderson were jointly charged with murder following legal advice from DPP Shalimar Ali-Hack, SC.
Police allege that the three men murdered passengers when the 87-year-old ferry capsized on July 18, about 9.3 nautical miles off Devonshire Castle on the Essequibo Coast.
A total of 179 people, including 18 crew members, were aboard the vessel. The disaster claimed 73 lives, 76 people survived and approximately 30 remain unaccounted for.
Following the tragedy, Prime Minister Brigadier (Ret’d) Mark Phillips disclosed that two crew members, including the captain, had tested positive for marijuana.
He also said the accused crew members were receiving psychosocial support while in custody.
The criminal case is proceeding separately from the CoI, which is examining the circumstances surrounding the disaster.
