The Commission of Inquiry into the MV Barima tragedy has distanced itself from comments attributed to its counsel on seaworthiness certification, making clear that no determination has been made on the issue.
In a statement issued on October 29, the Commissioners said it was improper for counsel to publicly express opinions on questions that remain before the inquiry.
“It is improper for Counsel to the Commission to publicly opine on issues the determination of which remains live before the Commission and resides exclusively within its Terms of Reference to determine,” the statement said.
The clarification follows an October 22 report by the Department of Public Information (DPI), which attributed to counsel the position that Government-owned and operated ferries, including the MV Barima, do not require certificates of seaworthiness to operate.
According to the Commission’s statement, DPI further reported that the attorneys said the position arose under the Transport and Harbours Act and its regulations.
The Commissioners said they became aware of the publication on October 27. It prompted emails and submissions questioning whether the comments reflected the Commission’s position and whether a finding had already been made that the vessel was exempt from seaworthiness and other safety certification requirements.
The Commission stressed that those questions remain unresolved.
“The Commission has made no determination on the issue of the seaworthiness or the requirement for other safety-related certification of the M/V ‘BARIMA’,” the statement said.
The Commissioners explained that the matters would be determined after further evidence is heard and the relevant documentation carefully examined.
They also stated that the comments attributed to counsel were “in no way indicative” of the views or position of the Commission or any of its members.
