The Commission of Inquiry (CoI) into the MV Barima tragedy wants to hear from the vessel’s captain, chief mate and goods superintendent, but Chairman Justice Godfrey Smith says their ongoing murder cases could prevent them from giving evidence.
Smith made the disclosure on Wednesday following the formal opening of the five member Commission, which is investigating the July 18 sinking of the 87 year old passenger and cargo vessel.
The three men, Captain Kevin Price, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson, have been charged with multiple counts of murder in connection with the deaths resulting from the disaster.
They have been remanded to prison.
Justice Smith said the Commission recognises that the three men could possess important information about the vessel’s final voyage and would therefore want to hear from them.
“I am aware that three personnel, the captain and crew members, have been charged. Obviously, it is plain to us that they would have information we would wish to hear. We definitely will want to hear from them,” he said.
However, Smith said the decision on whether they testify would ultimately rest with the accused men and their lawyers.
He added, “It will be up to them and their legal representatives to determine whether they will allow them to speak. If their lawyers advise them, ‘You cannot speak,’ or ‘You should not speak on pain of incriminating yourself,’ and they choose to act on that, it is beyond the powers of this Commission of Inquiry to do anything about that particular situation.”
He explained that the CoI could not compel them to provide evidence if they chose to rely on their legal rights, particularly where doing so could potentially incriminate them.
The Chairman said the Commission is required to inform witnesses of their rights and ensure they do not unknowingly prejudice themselves.
The issue comes as the murder charges remain before the Charity Magistrate’s Court, where a ruling is expected on October 19 on whether the prosecution of the three men amounts to an abuse of process.
Defence attorney Dexter Todd has argued that the Shipping Act requires a marine accident investigation before a criminal investigation is conducted.
Meanwhile, Smith said the Commission has not ruled out calling Public Works Minister Juan Edghill or Public Utilities and Aviation Minister Deodat Indar as witnesses.
He said the commissioners are still compiling their witness list and reviewing evidence, stressing that they would “follow the evidence wherever it leads” rather than reach predetermined conclusions.
The CoI’s mandate includes determining the circumstances and causes of the sinking, examining the vessel’s seaworthiness and crew operations, and identifying any failures that contributed to the tragedy.
The MV Barima, an 87 year old passenger and cargo vessel, capsized and sank off the Essequibo Coast on July 18 while travelling from Georgetown to Port Kaituma.
The disaster claimed 73 lives, while 76 people survived and approximately 30 remain unaccounted for.
The five member CoI, chaired by Justice Smith of Belize, is expected to begin formal evidence taking on Wednesday, October 14.
