MV Barima tragedy: State opposes defence’s bid to halt murder case, Magistrate to rule on application on Oct 19

The Prosecution has filed its response to an application seeking to halt the murder proceedings against three Transport and Harbours Department (T&HD) employees charged over the July 18, 2026 MV Barima disaster, with Magistrate Ravindra Mohabir set to deliver his ruling next Monday.

Prosecutor Mandel Moore handed over the State’s reply when the matter was called on Monday at the Charity Magistrate’s Court. After confirming that the submissions had been laid over, Magistrate Mohabir scheduled October 19 at 10:00h to determine the application.

The application was brought by Defence Attorney Dexter Todd, who represents Captain Kevin Price, also known as “KP”, 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 three accused appeared virtually via Zoom and were further remanded to prison until the next hearing.

Todd is seeking a stay of the prosecution on grounds of abuse of process, arguing that the circumstances surrounding the disaster raise legal questions about the relationship between criminal proceedings and marine casualty investigations.

The defence has pointed to legislation, including the Shipping Act, which it contends governs the investigation of marine casualties. Todd previously argued that his clients had not been able to benefit from, or be guided by, the relevant investigations and should be afforded the protections available under the law.

He has also indicated that the application rests on several legal grounds and draws on legislation and case authorities concerning marine casualty investigations. The challenge, he suggested, could have wider implications for how such matters are addressed within Guyana’s legal system.

The case is at the preliminary stage, with paper committal proceedings scheduled to begin on November 16. Magistrate Mohabir has previously indicated that he intends to conclude the process by the end of November. During a paper committal, the Magistrate examines written statements and other documentary evidence to determine whether there is sufficient evidence to send the accused to the High Court for trial. Witnesses do not ordinarily give oral testimony or face cross-examination during this process.

At a September 9 hearing, Moore told the court that the State had completed full disclosure of the evidence and material information gathered during the investigation. The defence was subsequently given time to review the material and to decide whether to file statements on behalf of the accused.

The three men were jointly charged with murder following legal advice from Director of Public Prosecutions, Shalimar Ali-Hack, SC. The DPP’s office has maintained that the decision followed an assessment of the evidence and applicable legal principles, including case law from the United Kingdom and other Commonwealth jurisdictions, authorities from the European Court of Human Rights and public policy considerations.

Price, Roberts, and Granderson first appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Courts on July 28, 2026. They were not required to plead to the indictable charges and were remanded before the case was transferred to the Charity Magistrate’s Court.

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

Following the tragedy, Prime Minister, Brigadier (Retired) Mark Phillips disclosed that two crew members had tested positive for marijuana during medical examinations conducted after the sinking.

The passenger and cargo ferry had left the T&HD Kingston Goods Wharf, Georgetown, around 15:15h, for its scheduled journey to Port Kaituma, Region One (Barima-Waini).

At approximately 23:01h, it transmitted a distress signal after encountering difficulties near the mouth of the Pomeroon River. There were 179 people aboard, including 18 crew members.

The disaster claimed 73 lives, while 76 persons survived. Approximately 30 others remain unaccounted for. The criminal case is proceeding alongside a separate Government-appointed five-member Commission of Inquiry (CoI) into the tragedy. The DPP has maintained that the two processes can run concurrently because they serve different legal purposes.

The CoI is expected to examine the circumstances surrounding the sinking, including regulatory oversight and the emergency response, and recommend measures to prevent a similar disaster.