Magistrate rejects defence bid to stay MV Barima murder proceedings

Magistrate Ravindra Mohabir on Monday rejected an application by defence attorney Dr Dexter Todd to stay the murder proceedings against three Transport and Harbours Department (T&HD) employees charged in connection with the MV Barima disaster.

Todd, who represents captain Kevin Price, 40, of Melanie Damishana, East Coast Demerara, and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara, challenged the continuation of the criminal case while the Government-appointed commission investigates the July 18 tragedy.

Todd argued that the legislation governing maritime incidents provides for a specific investigative mechanism, including a formal inquiry by a board established under the relevant law.

He contended that the statutory framework required the matter to be investigated either through the prescribed maritime process or a Commission of Inquiry (CoI) appointed by the President.

Todd argued that proceeding with the criminal case while the CoI investigated the disaster amounted to an abuse of process and warranted a stay of the proceedings.

The prosecution opposed the application.

Senior Police Legal Advisor Mandel Moore argued that the Shipping Act did not prevent the Director of Public Prosecutions (DPP) from instituting criminal charges and that the DPP’s constitutional powers permitted the case to proceed.

He further maintained that the magistrate was bound by the Criminal Law Procedure (Paper Committals) Act.

He explained that the court’s task was to assess whether the evidence supported committing the men to stand trial for murder or whether they should instead be discharged due to insufficient evidence.

“I say therefore, and this is my ruling, that it is not an abuse of process to have these proceedings conducted in this court,” he ruled.

The paper committal is scheduled to begin at 10:00h on November 16 at the Charity Magistrate’s Court.

Chief mate Rondell Dwayne Roberts, 42, of Meadow Grove Public Road, East Bank Demerara, is represented by attorney Everton Singh-Lammy, who did not file an abuse-of-process application.

The defence is expected to submit its arguments on November 23, followed by the prosecution’s response on December 7.

Magistrate Mohabir is scheduled to decide on December 14 whether the men should be committed to stand trial or discharged.

The DPP has maintained that the criminal case and the Commission of Inquiry can proceed simultaneously because they serve different legal purposes.

Police allege that Price, Roberts and Granderson murdered passengers when the 87-year-old ferry capsized about 9.3 nautical miles off Devonshire Castle on the Essequibo Coast.

The disaster claimed 73 lives, 76 people survived, and approximately 30 remain unaccounted for.