By Travis Chase | HGP Nightly News|
GEORGETOWN, GUYANA — Former Member of Parliament and Attorney-at-Law Charrandass Persaud has joined the intensifying legal debate over the state’s prosecution of three M.V. Barima crew members, sharply criticizing Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC, and describing the 72 counts of murder instituted against the men as “ludicrous” and a “display of pure stupidity.”
The legal challenge follows the arraignment of Captain Kevin Price, Chief Mate Rondel Roberts, and Goods Superintendent Delon Granderson, who were each charged with 72 counts of murder in the Georgetown Magistrates’ Court following the July 18 capsizing of the state-operated vessel.
Challenging the Legal Basis and Mens Rea for Murder
In a scathing video commentary, Persaud questioned how the prosecution intends to establish the essential legal ingredients of murder under common law and statute—specifically the mental element (mens rea):
- Absence of Requisite Intent: Persaud argued that proving murder requires establishing malice aforethought, specific intent to cause death, or grievous bodily harm.
- Critique of DPP’s Decision: He directly questioned the legal reasoning of DPP Shalimar Ali-Hack, asking how prosecutors could substantiate that the three maritime workers deliberately orchestrated a plan to kill 72 passengers.
- Manslaughter vs. Murder: While acknowledging the immense loss of life and devastation suffered by Region One families, Persaud stressed that severe maritime casualties, negligence, or operational failures do not automatically meet the statutory threshold for murder.
“You must have two elements—the physical act and the mental intent. I want to ask this learned Senior Counsel [DPP Shalimar Ali-Hack]: Did these three men wake up and plan to kill 72 people on that ship?” Persaud questioned. “The charge is not only ludicrous, it is a display of pure stupidity.”
Procedural Precedence and Demands for Hull Salvage
Persaud’s public intervention aligns with arguments recently raised by defense attorney Dexter Todd, who argued that the state departed from established maritime legal procedure by filing criminal murder indictments before concluding formal, statutory marine investigations under the Guyana Shipping Act.
Persaud also reiterated demands for the government to urgently float and salvage the sunken M.V. Barima:
- Forensic Examination: He argued that without retrieving and inspecting the vessel’s hull, bulkheads, bilge pumps, and cargo distribution, the state cannot determine the true mechanical and operational causes of the sinking.
- Forensic Evidence: He maintained that laying murder charges while the primary physical evidence remains at the bottom of the ocean severely compromises the integrity of the judicial process.
Political Background
Persaud is known for his role in Guyana’s modern political history. On December 21, 2018, while serving as an APNU+AFC parliamentarian, he cast the deciding vote in favor of a no-confidence motion against his own government, sparking constitutional litigation that concluded at the Caribbean Court of Justice (CCJ) and triggered early national elections in 2020.
He subsequently served as Guyana’s High Commissioner to India before being recalled in 2022 following a widely circulated video incident outside his diplomatic residence in New Delhi.
