Dear Chairman and Commissioners:
Drawing upon my experience in Guyana’s criminal-justice system, and on behalf of the largest diaspora outside Guyana, I respectfully urge the Commission to conduct an open, independent and impartial search for the truth, and justice. Survivors, families, crew members, rescuers, officials and qualified experts, within Guyana and throughout the diaspora, must be fairly heard.
The wreck of the MV Barima and its sinking site constitute the central physical locus in quo-the place and principal physical evidence from which the causes of this tragedy must be determined.
Recovering the vessel is therefore not merely a procurement or administrative matter, but a fundamental evidentiary prerequisite to any credible inquiry. However, it must not be further abused as an excuse for more delays. The Commission should not commence substantive evidentiary hearings, determine causation or attribute responsibility while the principal exhibit remains submerged and unexamined.
The vessel must first be raised now, preserved under an independent chain of custody and forensically examined by qualified naval architects, marine engineers and accident investigators. That examination must cover its hull, watertight integrity, stability, engines, bilge systems, safety equipment, cargo configuration and any structural or mechanical failures.
Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson face murder charges arising from the same events the Commission must investigate. They may possess essential evidence about the vessel’s condition, loading, maintenance, chain of command, departure authorization, emergency response, instructions from higher-ups.
However, their testimony could expose them to self-incrimination. Section 12(3) of the Commissions of Inquiry Act protects witnesses from being compelled to incriminate themselves, while section 13 entitles implicated persons to legal representation.
A national tragedy, however grave, does not automatically constitute murder. Under sections 3, 94 and 100 of the Criminal Law (Offences) Act, murder and manslaughter are distinct offences. Recklessness, negligence, intoxication, overloading or breach of duty, if proved beyond a reasonable doubt, may support manslaughter, maritime or regulatory charges, but do not by themselves establish an intention to kill or cause grievous bodily harm.
Although the Commission cannot order a nolle prosequi, Article 187 of the Constitution empowers the DPP to discontinue proceedings before judgment, and bring sanity to these proceedings
I therefore respectfully ask the Commission to:
- Decline to commence substantive hearings or make findings on causation until the vessel has been raised and independently examined;
- Require the preservation and disclosure of all forensic findings concerning the wreck and sinking site;
- Formally advise the DPP that the pending murder charges materially impede the Commission’s search for the complete truth;
- Recommend that the DPP independently reconsider and discontinue the murder charges, or support a stay or adjournment, without prejudice, to properly supported charges after all evidence has been examined;
- Secure lawful and enforceable use-and-derivative-use protection for testimony given by the accused crew members;
- Permit the accused to participate through counsel;
- Examine manifests, loading and maintenance records, prior complaints, departure authorization, toxicology evidence, search-and-rescue logs, and MARAD, Transport and Harbours Department, administrative and ministerial records;
- Investigate institutional, regulatory, managerial and ministerial responsibility with the same rigour as applied to the crew;
- Permit qualified local and diaspora Guyanese to contribute remotely; and
- Recommend transparent and adequate compensation, counselling and long-term assistance for survivors and bereaved families without requiring them to surrender their legal rights.
The victims deserve truth and compensation. The accused deserve due process. Guyana deserves accountability at every level.
The country must not be asked to accept conclusions reached without examining the MV Barima itself. Raise the vessel. Preserve the evidence. Hear every relevant witness. Examine every responsible institution. Then let criminal, civil, regulatory and political responsibility fall wherever the complete evidence and law require.
Yours truly,
Hon. Albert Baldeo
Former Magistrate, Senior State Counsel and State Prosecutor of Guyana
