A key legal challenge in the criminal case arising from the deadly sinking of the MV Barima will come into focus next month, with Magistrate Ravindra Mohabir set to rule on whether the murder charges against three crew members constitute an “abuse of process.”
Mohabir, sitting at the Charity Magistrate’s Court, has fixed October 19 for his ruling following arguments over whether police were entitled to pursue a criminal investigation before the completion of a marine accident investigation required under the Shipping Act.
The three accused are 40-year-old MV Barima captain Kevin Price, 42-year-old chief mate Rondell Dwayne Roberts, and 33-year-old goods superintendent Delon Granderson. They face multiple murder charges arising from the July 18 disaster, following legal advice from Director of Public Prosecutions Shalimar Ali-Hack, SC.
Defence attorney Dexter Todd is challenging the continuation of the criminal proceedings, arguing that the law requires a marine accident investigation to be conducted before a criminal investigation is undertaken.
Todd has applied for the proceedings to be stayed, contending that the charges amount to an abuse of the legal process and that the accused have not received the protections contemplated under the Shipping Act.
The defence maintains that a proper investigation under the maritime legislation is necessary to establish the circumstances surrounding the disaster before criminal liability is pursued.
The State, represented by police legal adviser Mandel Moore, has opposed the challenge. Moore previously informed the court that the prosecution had disclosed the evidence and other relevant material gathered during the investigation to the defence.
The defence subsequently requested time to review the disclosed material and determine whether statements would be filed on behalf of the accused.
The legal battle comes against the backdrop of one of Guyana’s deadliest maritime disasters in recent history.
The 87-year-old MV Barima capsized on July 18 while travelling from Georgetown to Port Kaituma in the Barima-Waini region. The vessel encountered difficulties during the journey and eventually went down, triggering a major search-and-rescue operation.
The scale of the disaster was initially obscured by discrepancies in the vessel’s passenger records. The official manifest recorded 116 passengers and 17 crew members, or 133 people altogether. However, Prime Minister Mark Phillips subsequently disclosed that authorities believed 179 people, including crew, were aboard when the vessel capsized after being struck by a large wave.
The tragedy has generated intense public scrutiny over passenger management, the condition and operation of the vessel, the response to the disaster and the circumstances that preceded the sinking.
The criminal prosecution of the three men is proceeding separately from the broader investigations into the disaster. The outcome of Todd’s application could determine whether the murder proceedings continue in their present form.
The court has scheduled November 16 for the commencement of the paper committal proceedings. The accused remain remanded in custody pending the next stage of the case.
For now, however, the immediate question before Magistrate Mohabir is not whether the three men are guilty of the charges, but whether the prosecution itself has followed the legal process required for a disaster of this nature.
