The criminal case arising from the MV Barima disaster moved into another stage Monday as the defence filed statements on behalf of the captain and two crew members charged with murder, with all three men further remanded to prison until October 12.
The matter was heard before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court, where attorneys representing the accused formally submitted their statements.
Attorney Dexter Todd, part of the legal team representing Captain Kevin Price and Goods Superintendent Delon Granderson, told the court that arrangements were being made to physically deliver the statements before the end of the day. He also requested an email address so the documents could be submitted electronically.
Magistrate Mohabir directed that copies of the statements be provided to Prosecutor Mandel Moore, allowing the prosecution time to review their contents and respond when the matter returns on October 12. The three men were subsequently further remanded.
Price and Granderson are represented by Attorney Dexter Smartt, supported by a legal team that includes Todd, while Attorney Everton Lammy-Singh represents Chief Mate Rondell Dwayne Roberts. The accused appeared in court virtually.
Three Men Charged Over 73 Deaths
The accused are 40-year-old Kevin Price, known as “KP,” a captain of Melanie Damishana, East Coast Demerara; 42-year-old Rondell Dwayne Roberts, chief mate of Meadow Grove Public Road, East Bank Demerara; and 33-year-old Delon Granderson, goods superintendent of Fellowship, West Coast Demerara.
The three men face murder charges arising from the July 18 sinking of the MV Barima, which was travelling from Georgetown to Port Kaituma when the vessel capsized.
The disaster claimed 73 lives, while 76 passengers and crew members survived and approximately 30 people remain unaccounted for, according to the latest official figures.
The final number of people aboard was revised during the recovery operation. Authorities eventually confirmed 179 passengers and crew, after determining that numerous people rescued or recovered were not included on the vessel’s original manifest.
That discrepancy has become one of several major questions surrounding the tragedy.
Prosecution Has Already Made Full Disclosure
Monday’s filing follows the prosecution’s earlier disclosure of its case.
On September 7, Prosecutor Mandel Moore informed the court that the State had handed over the evidence and material information gathered during the investigation to the defence. The defence was subsequently given time to review the material and determine whether statements would be filed.
The filing of the statements now moves the case closer to the paper committal proceedings, which are scheduled to begin on November 16.
The charges were instituted following legal advice from the Director of Public Prosecutions (DPP) after a review of the Guyana Police Force investigation.
The DPP’s office has stressed that the criminal proceedings can continue alongside the government’s separate Commission of Inquiry into the disaster.
Commission Probes Wider Systemic Failures
While the criminal case focuses on the allegations against the three accused, the Commission of Inquiry is examining the much broader circumstances surrounding the sinking.
Established by President Irfaan Ali, the five-member Commission has been mandated to determine the full sequence of events, the immediate and underlying causes of the disaster, compliance with maritime and safety requirements, and any shortcomings or failures.
Its mandate also specifically includes identifying negligence, misconduct, dereliction of duty or institutional failures and recommending accountability where warranted.
The Commission is chaired by Justice Godfrey Phillip Smith of Belize, with Captain Hamada Fouda, Nyree Dawn Alfonso, Rear Admiral (Ret’d) Hayden Pritchard and Dr Andrzej Jasionowski serving as commissioners.
The distinction between the two processes is important.
The murder case does not determine the wider question of how the disaster occurred or whether failures within government agencies, maritime regulators or the vessel’s management contributed to the loss of life.
Those matters fall within the Commission’s mandate.
The Questions Beyond the Criminal Case
The Barima tragedy has generated continuing questions over the vessel’s seaworthiness and maintenance, passenger loading, the accuracy of the manifest, regulatory oversight and the response to the disaster.
The Commission is expected to examine those issues independently while the criminal proceedings continue.
The three accused men remain presumed innocent unless and until proven guilty in accordance with the law.
The next court hearing is scheduled for October 12, while the paper committal proceedings are set to commence on November 16.
