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Gov’t lawyers working on legal framework for MV Barima victims’ support — Nandlall

Attorney General and Minister of Legal Affairs Anil Nandlall, SC, says government-appointed lawyers are working on a legal framework to guide support for families and survivors affected by the MV Barima tragedy.

Speaking on his weekly programme “Issues in the News,” he said while questions of liability and culpability must be determined through the relevant process, the government has moved to provide assistance to affected persons through what he described as a fair and transparent legal mechanism.

According to Nandlall, a team of lawyers has been appointed to help insulate the government from the process and develop the necessary legal framework through which assistance will be provided. The team is led by Belizean Senior Counsel Eamon Courtenay and includes Pauline Chase, Ronald Burch-Smith, Kamal Ramkarran and Ganesh Hira.

Nandlall said the lawyers have begun their work, including replacing legal documents, beginning the administration of estates for persons who died, and ensuring that beneficiaries’ legal interests are protected.

He said the process also includes dealing with applications to declare dead those who remain missing and cannot be found, which he described as a technical legal process. The lawyers are also meeting relatives to gather information needed to identify beneficiaries and other affected persons.

Nandlall stressed that the support being developed is not compensation and does not represent an admission of liability by the government.

“This is not compensation, is not intended to be compensation,” he said, adding that the government is offering assistance and not admitting liability.

He said affected persons will be advised that they have the right to retain and instruct lawyers of their choice if they wish.

The HEART initiative, established by President Dr. Irfaan Ali, includes both short-term and long-term support for affected families and survivors. To this end, Nandlall said the government is prepared to offer interim financial assistance while maintaining a transparent, legally sound framework.

Nandlall also used the programme to strongly criticise lawyers he said were largely associated with opposition political parties, accusing them of making reckless allegations against the government over the MV Barima support process.

He alleged that some lawyers were attempting to solicit affected persons as clients, describing the conduct as offensive to legal ethics and potentially in breach of obligations under the Legal Practitioners Act.

Nandlall said some of the lawyers appeared to be offering legal advice on social media and “pitching” to affected persons, while, according to him, not showing evidence that they had been formally retained.

He further claimed that lawyers may publicly suggest they are acting free of charge, but later seek a share of any compensation awarded. He said any retainer agreement between a lawyer and client must be in writing.

The Attorney General referred to the 2009 Twyon Thomas case as an example, claiming that lawyers associated with the Alliance For Change had created the impression that they were acting pro bono, but later collected one-third of the compensation awarded.

Nandlall also rejected comparisons being made to the Mahdia fire settlement process. He said that in that matter, the government had asked the Bar Association to nominate persons to represent the interests of affected Amerindian families, while making it clear that families could also bring lawyers of their choice.

The Attorney General said anyone who wishes to sue the government over the MV Barima tragedy is free to do so and does not have to participate in any government-led support initiative.

He also raised concern about what he described as a potential conflict of interest, alleging that some lawyers are appearing for persons charged with murder while also purporting to represent victims.

Nandlall said the government’s position is that liability must be determined through the proper process, while support for affected persons is being handled through a legal framework designed to protect families, beneficiaries and survivors.

A Commission of Inquiry has already been set up and is expected to be fully operational this month.

The Defence comes as the compensation dispute returns to the High Court, after Acting Chief Justice Navindra Singh previously ordered a full hearing rather than striking out the families’ claims.

The hearing is expected to examine the legal validity of the settlement agreements and whether the families were legally bound by the Government’s compensation offers.

The cases will next come up for a Case Management Conference (CMC) in November 2026.

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