Forward Guyana Movement (FGM) leader and lone Member of Parliament Amanza Walton-Desir says Attorney General and Minister of Legal Affairs, Anil Nandlall, demonstrated a fundamental misunderstanding of maritime operations and may have jeopardised the constitutional right to a fair trial of the three men charged with murder over the sinking of the MV Barima.
Appearing on Sherod Duncan’s Credible Sources programme on Wednesday evening, Walton-Desir sharply criticised comments made by Nandlall during his weekly “Issues in the News” programme, saying Guyana’s chief legal officer did not even understand the respective duties of a vessel’s captain and chief mate before publicly commenting on the case.
Nandlall’s remarks came amid growing public outrage over the decision to charge Captain Kevin Price, 40, Chief Mate Rondell Dwayne Roberts, 42, and Cargo Superintendent Delon Granderson, 33, with murder following the July 18 MV Barima tragedy. Attorneys, maritime professionals, trade unionists, opposition politicians and relatives of victims have argued that the wrong people have been charged, particularly as a Commission of Inquiry is yet to begin hearing evidence into the disaster.
Critics have also questioned why murder charges were instituted before the Commission of Inquiry has had an opportunity to establish the circumstances surrounding the sinking. They point to the fact that the MV Barima remains at the bottom of the Atlantic Ocean and the government has indicated that it has no interest in raising the wreck from the seabed, prompting concerns that critical forensic evidence may never be examined.
Responding to the public criticism on “Issues in the News,” Nandlall defended the charges, stating:
“The man driving the boat was drunk, and the First Mate was also drunk and under the influence. They were in charge of the boat and apparently were not even at the wheel at the time. They apparently must go free. Which part of planet Earth are these people living on?”
The allegations concerning intoxication are among the issues expected to be determined during the criminal proceedings and have not been tested before the court.
Walton-Desir said the Attorney General’s comments exposed a basic misunderstanding of how ships operate.
“I think the Attorney General has done a couple of very injurious things.
“First, apart from the fact that the captain and the First Mate do not physically steer the vessel at all times—that function is often carried out by a helmsman—his comments reveal a lack of understanding of how these operations work.”
She argued that the greater damage was done by Nandlall’s public pronouncement on the guilt of the accused before trial.
“More importantly, in my view, he has seriously prejudiced these three men’s ability to receive a fair trial in Guyana. He has effectively poisoned the jury pool. How are these men supposed to be tried fairly by 12 of their peers when the country’s chief legal officer has already acted as judge, jury, and executioner in the court of public opinion?
“He has prejudiced their case. There is simply no way these men can now expect a fair trial.”
The MV Barima, an 87-year-old Transport and Harbours Department ferry, sank while sailing from Georgetown to Port Kaituma. Although the government initially reported 116 passengers and 17 crew members on board, the number of persons believed to have been aboard later increased to 179 as additional names surfaced during the accounting process. To date, the true number of passengers remains uncertain, raising continuing questions about the accuracy of the vessel’s manifest. The tragedy claimed 53 lives, making it one of Guyana’s worst maritime disasters.
Walton-Desir said the government’s focus on the three accused appeared designed to redirect public anger away from what she described as glaring administrative failures.
“For political expediency, they need someone to pin this tragedy on. They have to provide somebody for people to be angry at so that the anger is not directed towards them and their administrative oversight failures.”
She pointed to the operation of an 87-year-old vessel, reports that it had been declared unseaworthy on at least two occasions, the failure to complete the Port Kaituma wharf before purchasing the replacement MV Malaysia, reports that some of the vessel’s life rafts were unserviceable, extensive patchwork repairs to the vessel, and the award of a $125 million repair contract because it was “essentially in an unseaworthy condition.” She also referred to reports that the replacement vessel had been used as a party boat by the First Lady.
Walton-Desir further linked Nandlall’s latest comments to the recent Caribbean Court of Justice (CCJ) ruling in the Mohamed extradition proceedings, where the regional court condemned public comments made by Nandlall and Vice President Bharrat Jagdeo while the matter was still before the courts.
“When a matter is sub judice, it should not be commented on. This issue has come up very often in the National Assembly, so he knows the rule; he simply chooses not to follow it.
“The fact that the court has now, for a third time, rebuked him—and in fact used strong language, saying that his conduct ought to be condemned—is significant. I think people must understand just how serious this is. For the Caribbean Court of Justice (CCJ) to condemn the conduct and remarks of a sitting Attorney General and a sitting Vice President is extraordinary.
“What all of this demonstrates is that Guyana has become an aberration. This is not how properly functioning democracies and well-governed countries operate.”
Walton-Desir concluded by cautioning against confusing justice with finding a scapegoat.
