The three men charged over the deadly MV Barima disaster will remain in custody until October 12, when the prosecution is expected to respond to a defence application seeking to halt the criminal proceedings.
The application is being pursued by attorney Dexter Todd on behalf of captain Kevin Price and goods superintendent Delon Granderson.
Todd told Magistrate Ravindra Mohabir at the Charity Magistrate’s Court on Monday that he had completed the written submissions supporting the application and arrangements were being made for them to be served on the court, prosecution and counsel for the third accused.
Chief mate Rondell Dwayne Roberts is represented by attorney Everton Singh-Lammy.
Todd’s application is based, among other grounds, on an alleged abuse of process arising from the circumstances surrounding the marine casualty investigation into the sinking of the MV Barima.
The defence has argued that the circumstances surrounding the disaster fall within the legal framework governing marine casualty investigations, including provisions of the Shipping Act.
Todd has previously contended that the accused were unable to benefit from, or be guided by, those investigations and should therefore receive the protections provided under the relevant law.
The defence has indicated that the application will rely on legislation and case law concerning marine casualty investigations. Todd has also suggested that the arguments could have wider implications for the development of Guyana’s law in this area.
The prosecution, led by Senior Police Legal Advisor Mandel Moore, has until October 12 to respond to the defence submissions. Magistrate Mohabir is expected to rule on the application on October 19.
Monday’s hearing also confirmed the timetable for the next stage of the murder case.
The accused are scheduled to face paper committal proceedings from November 16, with the Magistrate indicating that he wants that process completed by the end of the month.
During a paper committal, the court does not hear witnesses give evidence in person. Instead, the Magistrate considers statements and other documentary evidence placed before the court to determine whether the case should be sent to the High Court for trial.
The State has already completed disclosure of the evidence and other material gathered during the investigation, allowing the defence time to review the case and decide whether statements would be filed for the accused.
Price, Roberts and Granderson were jointly charged with murder following advice from Director of Public Prosecutions Shalimar Ali-Hack, SC.
They were first brought before Chief Magistrate Judy Latchman on July 28 and were not required to plead to the indictable charges.
Police allege that the men murdered passengers when the MV Barima capsized on July 18 off Devonshire Castle, Essequibo Coast.
The 87-year-old vessel had 179 people aboard, including 18 crew members. Seventy-three people died, 76 survived and about 30 remain unaccounted for.
The criminal case is proceeding separately from a Government-appointed Commission of Inquiry (CoI) into the disaster.
