MV Barima accused to seek stay of murder proceedings

A bid to halt the murder case stemming from the MV Barima tragedy is being prepared by defence attorney Dr. Dexter Todd, who says he will ask the court to stay proceedings against his clients on the basis of an “abuse of process”.

Todd told Magistrate Ravindra Mohabir at the Charity Magistrate’s Court on Monday that he intends to place preliminary arguments before the court on September 28, setting out the grounds on which the stay will be sought.

The lawyer said the defence will argue that issues arising from the case fall within the scope of marine casualty investigations, which are regulated by law, but his clients, Kevin Price and Delon Granderson, have not been able to benefit from or be guided by those investigations.

Todd said the accused are entitled to the protection of the law and that the proposed application could rest on several grounds.

He said he intends to rely on legislation and case law dealing with marine casualty investigations and, depending on the magistrate’s decision, the defence could pursue further legal avenues to advance the issue within Guyana’s jurisprudence.

The prosecution, led by Senior Police Legal Advisor, Mandel Moore, is to respond to the defence’s submissions by October 12, with Magistrate Mohabir indicating that he expects to rule on the stay application on October 19.

Whether the application will involve all three accused remains uncertain.

Todd indicated that he was unsure whether attorney Everton Lammy-Singh, who represents Rondell Dwayne Roberts, would join the proposed legal challenge.

The court also dealt with the filing of defence statements, with Lammy-Singh confirming that a statement is intended to be filed for Roberts, although that position could change.

Attorney Eden Corbin, appearing in association with Todd, said the required filings would be made within the deadlines established by the court, while attorney Suzanne Bullen confirmed that a statement would be filed for Granderson.

Magistrate Mohabir stressed that no extension will be granted beyond October 19, when the case is scheduled to return to court. The accused were further remanded to prison until October 19, while paper committal proceedings are scheduled to begin on November 16.

The magistrate said he intends to have the proceedings completed by the end of November.
Price, 40, known as “KP”, of Melanie Damishana, East Coast Demerara, is the vessel’s captain; Roberts, 42, of Grove Public Road, East Bank Demerara, is a chief mate; while Granderson, 33, of Fellowship, West Coast Demerara, is a goods superintendent.

Police alleged that the men murdered passengers aboard the MV Barima after it capsized on July 18, approximately 9.3 nautical miles off Devonshire Castle, Essequibo Coast.

The disaster claimed 73 lives, while about 30 people remain unaccounted for and 76 survived. Two crew members, including the vessel’s captain, subsequently tested positive for marijuana.