By Javone Vickerie | HGP Nightly News |
GEORGETOWN, GUYANA — Attorney General and Minister of Legal Affairs Anil Nandlall SC has vigorously defended the decision to charge three senior crew members with 72 counts of murder following the M.V. Barima disaster, arguing that under Guyanese criminal jurisprudence, extreme criminal negligence carries sufficient gravity to justify capital murder charges.
Speaking on his weekly program Issues in the News, Nandlall clarified that the recommendation to prosecute was formulated independently by the Director of Public Prosecutions (DPP), Shalimar Ali-Hack SC, after a comprehensive police investigation—and not at the behest or direction of the executive branch.
Constitutional Independence of the Director of Public Prosecutions
In response to intense public outcry and claims by defense attorneys that the charges were politically motivated, Attorney General Nandlall emphasized the constitutional mandate governing state prosecutions:
- Article 187 Autonomy: Nandlall pointed out that under Article 187 of the Constitution of Guyana, the DPP acts with absolute legal independence and is not subject to the direction or control of any government minister or executive authority.
- Review of Police File: The Guyana Police Force conducted an initial investigation and forwarded the completed file to the DPP’s chambers, where legal officers reviewed the statements and recommended murder indictments based on the evidence presented.
- Threshold of Negligence: Nandlall cited regional and international legal precedents, including rulings from the Caribbean Court of Justice (CCJ) and the European Court of Human Rights, asserting that gross disregard for human life by individuals in positions of command can legally elevate manslaughter or negligence to murder.
[ DPP CONSTITUTIONAL & LEGAL FRAMEWORK ]
│
┌───────────────────────────────────┴───────────────────────────────────┐
▼ ▼
[ Article 187 Independence ] [ Basis for Capital Charges ]
- Free from executive or ministerial direction - High threshold of reckless indifference to life
- Independent evaluation of Guyana Police Force file - Reports of operational crew under influence
- Direct authority to institute & undertake charges - Failure to enforce passenger life jacket protocols
Allegations of Crew Impairment and Protocol Failure
Highlighting specific aspects of the police investigative file, the Attorney General referred to reports regarding alleged substance use aboard the vessel prior to its fatal departure:
“The DPP emphasized that criminal negligence of a particular degree can sustain and justify the charge of murder,” Attorney General Anil Nandlall stated. “A boat captain is in control of a vessel carrying scores of lives. When you have reports of alcohol or narcotics influence among crew members, alongside a complete failure to ensure passengers are wearing life-saving equipment, that level of reckless disregard meets the threshold.”
Operational Ranks Remained Remanded
The three accused—Captain Kevin Price (40), Chief Mate Rondell Dwayne Roberts, and Transport and Harbours Department Goods Superintendent Delon Granderson (33)—remain on remand at Timehri Prison as the matter progresses before the Charity Magistrate’s Court.
While defense council Dr. Dexter Todd MP continues to argue that regulatory responsibility for seaworthiness rests with the Maritime Administration Department (MARAD), Nandlall reiterated that those with direct physical command of the vessel must answer for their actions under the law.
