By Javone Vickerie | HGP Nightly News|
GEORGETOWN, GUYANA — Criminal accountability for the tragic capsizing of the M.V. Barima could extend beyond the three transport officials currently facing court proceedings, Attorney General and Minister of Legal Affairs Anil Nandlall, SC, has disclosed.
Speaking on his weekly program, Issues in the News, the Attorney General clarified that state investigative arms—including the Guyana Police Force (GPF), the Director of Public Prosecutions (DPP), and the newly sworn-in international Commission of Inquiry (COI)—are actively executing their respective statutory mandates. Additional charges could be laid either before or after the COI concludes its work.
Parallel Investigations Operating Concurrently
Nandlall emphasized that the criminal prosecution currently underway and the administrative investigation by the Commission of Inquiry fulfill distinct legal functions under Guyanese law:
- Constitutional Independence of the DPP: The Director of Public Prosecutions evaluated police files independently to institute initial charges based on the level of alleged recklessness and foreseeability.
- COI Investigative Mandate: The 10-page Terms of Reference published in the Official Gazette empower the five-member COI—chaired by Justice Godfrey Smith—to determine statutory breaches, operational negligence, and supervisory failures across state regulatory bodies.
- Potential for Further Referrals: While the COI lacks direct prosecutorial powers, any findings or recommendations of criminal negligence, misconduct in public office, or systemic failure will be referred directly to the police and DPP for further legal action.
[ STATE INVESTIGATIVE & PROSECUTORIAL ARMS ]
│
┌─────────────────────────────────────┴─────────────────────────────────────┐
▼ ▼
[ Active Criminal Court Proceedings ] [ Commission of Inquiry (COI) ]
- Captain Kevin Price, Chief Mate Rondell Roberts & - Chaired by Justice Godfrey Smith (5-member international panel)
Goods Superintendent Delon Granderson facing 72 murder counts - 10-page Terms of Reference examining vessel maintenance,
- Focuses on operational recklessness & immediate culpability loading supervision, vessel certification & emergency response
- Findings & evidence to be handed over to DPP/Police for
potential additional charges across state agencies
Examining Regulatory Certification and Oversight Beyond the Vessel
Addressing public demands regarding administrative oversight, the Attorney General noted that the inquiry is structured to scrutinize decisions made above the vessel’s operational crew. This includes evaluating who certified the M.V. Barima as seaworthy, authorized its continued operation on the Georgetown-to-North West District route, and supervised maintenance and passenger loading protocols.
“Everything has stages. Those who were in charge of the boat have been dealt with; more may be charged for all you know, after the Commission of Inquiry or even before,” Attorney General Anil Nandlall stated. “The Commission of Inquiry makes findings based on evidence and then makes recommendations based upon those findings… this cannot substitute for the police, but it will make recommendations for more persons to be investigated.”
Three Operational Officials Remanded
Currently, vessel Captain Kevin Price, Chief Mate Rondell Dwayne Roberts, and Transport and Harbours Department (T&HD) Goods Superintendent Delon Granderson remain remanded in custody, each facing 72 counts of murder arising from the July 18 maritime disaster.
As the Commission of Inquiry gathers evidence, state prosecutors maintain that further individuals found to have breached statutory duties could face criminal charges.
