DEFENCE attorneys for two of the three Transport and Harbours Department (T&HD) employees charged with multiple counts of murder in connection with the MV Barima disaster have filed submissions seeking a stay of the criminal proceedings.
The accused are captain Kevin Price, 40, known as “KP”, of Melanie Damishana, East Coast Demerara (ECD); chief mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara (EBD); and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara (WCD).

Attorney Dexter Todd, who represents Price and Granderson in association with other counsel, confirmed on Monday that the submissions had been completed and would be served on the court, the prosecution and attorney Everton Singh-Lammy, who represents Roberts.
The matter was adjourned to October 12, when the prosecution, led by Senior Police Legal Advisor Mandel Moore, is expected to respond to the defence submissions.
The three accused, who appeared virtually via Zoom, were further remanded to prison until that date.
The stay application is being pursued while the murder case remains at the preliminary stage. Magistrate Ravindra Mohabir, sitting at the Charity Magistrate’s Court, is scheduled to rule on the stay application on October 19, 2026.
Magistrate Mohabir had previously indicated that paper committal proceedings are expected to begin on November 16 and are to be completed by the end of that month.
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 over 60 counts of 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 that was travelling from Georgetown to Port Kaituma in Region One (Barima-Waini).

The vessel departed the Kingston Goods Wharf in Georgetown at approximately 15:15hrs 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 on board.
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 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 government is also reviewing bids submitted by three companies for the salvage operation to recover the sunken MV Barima.
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.
The November 16 paper committal proceedings will be significant, as the process is a preliminary step in determining whether serious criminal matters should proceed to the High Court, without witnesses giving oral evidence or being cross-examined at the committal stage.