Attorney General and Minister of Legal Affairs Anil Nandlall, SC, says the murder charges already filed in connection with the MV Barima tragedy do not mark the end of the matter, as further investigations or charges could follow depending on the findings of the Commission of Inquiry (CoI).
Speaking on his programme Issues in the News, Nandlall said the Commission of Inquiry has a broad mandate to examine whether any act, omission, negligence, misconduct, dereliction of duty, breach of law, institutional failure or systemic deficiency contributed to the deadly maritime disaster or affected the response.
The Attorney General said the Commission can also examine whether the evidence points to possible criminal conduct, including criminal negligence, misconduct in public office, falsification or concealment of records, fraud, corruption, obstruction of justice, destruction or concealment of evidence, or any other offence under Guyana’s laws.
However, he stressed that the COI cannot determine criminal guilt or civil liability, as those matters remain for the courts and other competent authorities.
“The Commission of Inquiry can’t usurp that, and the three persons, the persons who have been charged, that is not a conclusion. Investigations will continue,” Nandlall said.
He added that the inquiry’s findings and recommendations could be handed over to the relevant state agencies for further action.
“This will make for the recommendations for more persons to be investigated, and they will hand over the recommendations and their evidence, and the police can take that into account,” he said.
Nandlall said the Director of Public Prosecutions (DPP), the police and other lawful agencies will still have to carry out their respective mandates based on the evidence before them.
Three Transport and Harbours Department employees have already been charged in connection with the tragedy. Nandlall said those charges were recommended by the DPP after the Guyana Police Force completed its investigation file, adding that the Attorney General had no role in advising the charge.
“The Attorney General has nothing to do with this. This is the police conducting investigations,” he said.
The Attorney General also defended the legal process, saying persons who disagree with a decision by the DPP, police or any constitutional agency are free to challenge that decision in court.
The COI’s terms of reference were published in the Official Gazette on July 30, 2026, and Nandlall described them as “quite comprehensive.”
He explained that a Commission of Inquiry is an investigative body that makes findings and recommendations but does not replace the work of the police, prosecutors, or the courts.
“Not because persons have been charged, that is the end of the matter,” Nandlall said, pointing to what he described as the broad scope of the COI’s terms of reference.
He later added: “Everything has stages. Those who are in charge of the boat, they have been dealt with. More may be charged, for all you know, after the Commission of Inquiry or even before.”
Nandlall said several state agencies are also involved in responding to the tragedy, including the Ministry of Health and the Ministry of Human Services, while President Dr. Irfaan Ali’s HEART initiative is intended to provide immediate and long-term support, including financial assistance, to children and others affected.
He also disclosed that his office is reviewing contracts related to the wharf that was supposed to have been completed at Port Kaituma, with possible legal action to follow if evidence of negligence is found against the contractor, ministry officials, or those responsible for supervising and designing the project.
