Prosecution files response to defence bid to halt proceedings
The prosecution has formally responded to a legal challenge seeking to suspend the murder case against three Transport and Harbours Department (T&HD) employees over the July 2026 MV Barima tragedy, with a decision now expected next Monday.
Prosecutor Mandel Moore submitted the State’s reply on Monday when the case was called before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court.
The magistrate fixed October 19 at 10:00h to deliver his ruling after considering the arguments presented by both parties.
The application was filed by defence attorney Dexter Todd, who represents captain Kevin Price, 40, of Melanie Damishana, East Coast Demerara, and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara.
Chief mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara, is represented by attorney Everton Singh-Lammy.
The defence is asking the court to stay the proceedings on grounds of alleged abuse of process, arguing that the circumstances surrounding the sinking raise questions about the legal framework governing marine casualty investigations.
Todd has relied on legislation, including the Shipping Act, in advancing the argument that his clients should be afforded the protections applicable to such investigations.
The three accused appeared virtually on Monday and were further remanded to prison until the next hearing.
The case is expected to move to paper committal proceedings on November 16. During that process, the magistrate will assess the written evidence to determine whether the matter should be sent to the High Court for trial.
The men were jointly charged with murder following legal advice from Director of Public Prosecutions Shalimar Ali-Hack, SC.
Police allege that they murdered passengers when the 87-year-old ferry capsized on July 18, approximately 9.3 nautical miles off Devonshire Castle on the Essequibo Coast.
There were 179 people aboard the vessel, including 18 crew members. The disaster claimed 73 lives, 76 people survived, and approximately 30 remain unaccounted for.
After the tragedy, Prime Minister Mark Phillips disclosed that two crew members, including the captain, tested positive for cannabis. He also said the accused crew members were receiving psychosocial support while in custody.
The criminal proceedings are running alongside the Government-appointed Commission of Inquiry into the disaster.
The five-member panel is scheduled to begin taking evidence on Wednesday, October 14, as it examines the circumstances surrounding the sinking and considers measures to prevent a recurrence.
