HGP Nightly News – The murder prosecution arising from the MV Barima tragedy does not have to await the findings of the Commission of Inquiry, the Director of Public Prosecutions has said amid mounting criticism over the charges.
In a statement issued Tuesday, the DPP said the criminal case and public inquiry were separate processes capable of proceeding at the same time.
Captain Kevin Price, Chief Mate Rondel Dwayne Roberts and Transport and Harbours Department Goods Superintendent Delon Granderson were charged with murder and remanded to prison.
They are presumed innocent unless the prosecution proves the allegations beyond a reasonable doubt.
The DPP said her office reviewed the police investigation file before advising that the charges be instituted.
According to the statement, the decision followed a careful assessment of the evidence, Guyanese law, relevant public-policy considerations and judicial decisions from the United Kingdom and other Commonwealth jurisdictions.
Rulings from the European Court of Human Rights were also considered, the DPP said.
The statement did not disclose the evidence contained in the police file or explain publicly how prosecutors intend to establish the legal elements required for murder. Those details are expected to emerge through the court proceedings.
The charges have attracted criticism from attorneys, political groups and residents of Granderson’s home community of Den Amstel.
Critics have questioned how the men could be charged before the Commission of Inquiry began examining the ferry’s seaworthiness, loading, passenger records, regulatory oversight and final voyage.
Attorney-at-law Nigel Hughes has argued that the charges could discourage the accused from testifying before the commission because their evidence could affect the criminal case.
The Vigilant Political Action Committee has also warned against making the captain and crew scapegoats while possible failures by regulators, administrators and senior officials remain unexamined.
The DPP maintained, however, that a Commission of Inquiry does not prevent the state from prosecuting individuals where the available evidence is considered sufficient.
Her office cited the 2018 Berbice piracy case and the prosecutions arising from the 2020 general and regional elections as examples of criminal proceedings moving forward alongside commissions or other public investigations.
The statement also stressed the DPP’s constitutional independence.
Under Article 187 of the Constitution, the office is not subject to the direction or control of any person or authority when exercising its prosecutorial functions.
That assurance responds indirectly to suggestions that political considerations may have influenced the murder charges. The DPP said the decision was based on the investigation file and applicable law.
No evidence has been publicly presented showing that the charges resulted from political direction.
The Commission of Inquiry and the criminal court will answer different questions.
The commission will examine the technical, regulatory and institutional circumstances surrounding the disaster and recommend reforms or further action. The court will determine whether the prosecution can prove murder against the three accused.
The DPP said the prosecution would continue because of the unprecedented scale of the tragedy and the considerable public interest, while giving appropriate consideration to the commission’s work.
Managing the two proceedings simultaneously will nevertheless require care. The inquiry must obtain the evidence necessary to establish what happened without infringing the accused men’s right against self-incrimination or prejudicing their trial.
