HGP Nightly News – The murder charges filed against three men connected to the MV Barima could silence key witnesses before the Commission of Inquiry and prevent the public from hearing their account of the ferry’s final voyage, prominent attorney-at-law Nigel Hughes has warned.
Hughes described the charges as a “most perverse attempt at distraction” and questioned whether the allegations were supported by evidence of the intent legally required for murder.
Captain Kevin Price, known as “KP,” Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson were jointly charged and remanded to prison on Tuesday.
They are presumed innocent unless the prosecution proves the charges beyond a reasonable doubt.
Hughes argued that murder requires proof that the accused intended to kill or cause grievous bodily harm.
Applied to the MV Barima case, he said, the prosecution would have to establish that the accused possessed that intention when the vessel departed or developed it at some point during the voyage.
“A charge of murder requires that the accused had the intention to kill his victim,” Hughes said.
The prosecution has not yet publicly detailed the evidence supporting the charges or the precise legal theory on which they are based.
Hughes also raised concern about the effect of the criminal proceedings on the recently appointed Commission of Inquiry.
Price, Roberts and Granderson may have critical information about the passenger count, cargo, loading process, condition of the vessel and events immediately preceding the capsizing.
Because they now face murder charges, however, they may be advised to exercise their right against self-incrimination and decline to answer questions before the commission.
Hughes questioned whether that consequence was the real purpose of filing the charges.
“Could it be that the real intention here is [that], the accused having been charged with murder, would not be able to testify before the COI, as any testimony at the COI can be used against them at the criminal trial?” he asked.
That suggestion remains Hughes’s stated concern; no evidence has been presented to establish that prosecutors filed the charges to prevent testimony.
Whether the commission can compel the three accused to give evidence and whether their testimony could later be used in court, will depend on the commission’s legal powers, protections against self-incrimination and any safeguards granted to witnesses.
The criminal court must also ensure that the inquiry does not prejudice the accused men’s right to a fair trial.
Hughes warned that proceeding in this manner could compound the disaster with another injustice.
“Perhaps we have the unique ability to compound what is a tragedy of epic proportions into additional manifest injustice by the institution of murder charges, thereby silencing key witnesses before the COI,” he said.
The inquiry is expected to examine the MV Barima’s maintenance, seaworthiness, loading, passenger records, crew conduct, regulatory oversight and the government’s search-and-recovery response.
The criminal proceedings will separately determine whether the evidence proves murder against the three accused.
