HGP Nightly News – Three Transport and Harbours workers are facing murder charges over 72 deaths, but attorney Charrandass Persaud says the case is legal madness, blasting the prosecution as “ludicrous” while the true cause of the MV Barima disaster remains unresolved.
In a video statement, Persaud criticised Director of Public Prosecutions Shalimar Ali-Hack, S.C., and argued that the charges were instituted before the precise cause of the vessel’s sinking had been established.
“I want to ask this learned Senior Counsel, DPP, Shalimar Ali-Hack, if she is certain that these men, the three men, planned to kill 72 people on that ship,” Persaud said.
“The charge is not only ludicrous; it’s a display of pure stupidity.”
Captain Kevin Price, 40; Chief Mate Rondell Dwayne Roberts, 42; and T&HD Goods Superintendent Delon Granderson, 33, are before the courts on murder charges arising from the disaster.
The MV Barima capsized and sank on July 18 while travelling from Georgetown to Port Kaituma, resulting in the deaths of dozens of passengers and crew members.
Persaud acknowledged the magnitude of the loss but maintained that investigators had not yet established exactly why the vessel sank.
“We don’t know the real cause,” he said.
He argued that the wreck should be raised and subjected to a detailed technical examination.
“A lot of answers would come from finding that boat and examining the boat that sank,” Persaud added.
The MV Barima wreck has already been located. The government is evaluating expressions of interest from salvage companies, but has not announced when the vessel will be raised.
Persaud’s suggestion that prosecutors must prove the accused planned in advance to kill 72 people presents only one possible interpretation of the mental element associated with murder.
A murder prosecution does not necessarily require proof of a prearranged plan to kill each victim. However, the State must still prove every legal element of the offence, including the required state of mind, beyond a reasonable doubt.
The precise prosecution theory and the evidence allegedly supporting the charges have not yet been tested in court.
The DPP previously defended her recommendation, stressing that her office is constitutionally independent and does not take instructions from the Executive or any other authority.
According to the DPP, the police file was reviewed before the charges were recommended, with consideration given to the evidence, applicable law, judicial authorities from the United Kingdom and other Commonwealth jurisdictions, and public-policy issues.
Attorney General Anil Nandlall has also argued that exceptionally serious criminal negligence can warrant a murder charge, while acknowledging that the courts will ultimately determine whether the evidence supports the DPP’s position.
Persaud additionally criticised the DPP’s handling of an unrelated case involving a 12-year-old who was charged with murder. His statement, as provided, did not set out the full circumstances or procedural history of that matter.
Meanwhile, the government-appointed Commission of Inquiry is expected to examine the vessel’s condition, loading, passenger records, crew conduct, regulatory oversight and the search-and-recovery response.
The commission and criminal proceedings are operating separately. The DPP has maintained that both processes can continue simultaneously.
Critics, including several attorneys and opposition representatives, have argued that the murder charges were premature and could restrict what the accused men say before the inquiry because of their right against self-incrimination.
The DPP has rejected the argument that the prosecution must wait for the commission to complete its work.
“Those three men should not be charged with murder,” Persaud maintained. “Why are they facing murder charges in our courts? We will see how that unfolds.”
The three accused have not been convicted and remain legally presumed innocent. Whether the charges are sustainable will be determined by the courts after the prosecution’s evidence and legal arguments are examined.
