BV Barima CoI: No assumptions about responsibility before examining evidence

…says budget available to cover transportation, accommodation for witnesses

Government Ministers responsible for the maritime sector could be called to testify before the Commission of Inquiry (COI) into the July 18 capsizing and sinking of the MV Barima if their evidence is considered necessary.

Commission Chairman Justice Godfrey Smith made the position clear on Wednesday during the inquiry’s preliminary public hearing, while stressing that commissioners would first have to assess the evidence before determining who should be called.

Asked whether Ministers would be required to testify, Smith said, “And if it becomes clear that we require the evidence of a Minister, they will be asked to come before the Commission.”

Smith said the commission would not make assumptions about responsibility before examining the available evidence.

The inquiry is expected to examine the roles of the Maritime Administration Department (MARAD) and the Transport and Harbours Department, including vessel inspection, certification, maintenance, supervision and regulatory enforcement.

It will also consider whether the country’s maritime safety framework was adequate and whether existing requirements were properly implemented.

Charged crew members

The commission also intends to hear from three crew members, including the vessel’s Captain, who are facing murder charges in connection with the tragedy. Asked whether the commission intended to obtain their testimony, Smith said, “We definitely will want to hear from them.”

However, he acknowledged that the ongoing criminal proceedings could affect their ability or willingness to provide evidence. “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 enquiry to do anything about that particular situation,” Smith explained.

He said the commission must respect the legal rights of persons appearing before it, including protections against self-incrimination.

Nevertheless, Smith said the inquiry could continue its work through documentary evidence, technical assessments and testimony from other witnesses. The commission will examine the qualifications, training and experience of the Captain, officers and crew, as well as their conduct before and during the voyage.

Investigators will seek to establish what information was available to the crew, what decisions were taken and whether alternative actions were available when the emergency developed. Smith also reminded the public that the commission is a fact-finding body and not a criminal court.

It will not determine criminal guilt or civil liability but will identify the causes, contributing factors and possible failures within its mandate.

Six-month timeframe

Meanwhile, the commission is targeting approximately six months to complete its work, despite an earlier two-month timeframe having been mentioned publicly.

Smith said the commission’s terms of reference were extensive and complex and that commissioners did not want to compromise the investigation by attempting to meet an unrealistic deadline.

The inquiry will examine six broad areas: the vessel’s seaworthiness and safety; passenger and cargo operations; crew qualifications and conduct; search, rescue and recovery efforts; regulatory and institutional oversight; and human factors and emergency decision-making.

The response following the sinking will also come under scrutiny, including the actions of public authorities, emergency services and maritime agencies.

The commission will examine available resources, communications received and transmitted, and decisions taken during rescue and recovery operations. Smith said more than 100 potential witnesses had been referred to during the proceedings, although the commission has not confirmed a final number.

He also stressed the commission’s independence, noting that although it was appointed by President Dr Irfaan Ali and will submit its report to him, it is not an arm of the Government or any other institution. The commission could recommend legislative amendments, stronger regulatory enforcement, improved training and certification requirements and better emergency response arrangements.

Smith said interim recommendations could also be submitted to the President if commissioners identify measures requiring urgent attention. However, he clarified that the commission’s recommendations would not be legally binding and that it does not have the authority to award compensation to survivors or relatives of those who died.

Visit communities

As part of its investigation, the commission is scheduled to visit the Kingston Goods Wharf, MARAD, the Transport and Harbours Department and dry dock facilities on Thursday and Friday. Commissioners are also expected to travel to Mabaruma and Port Kaituma on Monday and Tuesday next week.

Smith identified the two communities as among those severely affected by the sinking. The visits are expected to assist commissioners in understanding the circumstances surrounding the tragedy and engaging persons affected by it.

Substantive hearings, during which witnesses will give oral evidence, are expected to begin following the visits. The commission is also considering arrangements to facilitate survivors and relatives of victims who may have to travel to Georgetown to testify. Smith said the commission’s secretariat has a budget for transportation, accommodation and other expenses.

Commissioner Nairi Alphonso said the visits to affected communities would also help the commission and its secretariat determine the logistical arrangements needed to facilitate witnesses.

Meanwhile, Smith disclosed that a website intended to provide public access to the commission’s proceedings, hearing schedules, evidence and other documents was not yet operational. He said efforts were being made to have it available as soon as possible.