By Travis Chase | HGP Nightly News|
GEORGETOWN, GUYANA — Prominent criminal defence attorney Dr. Dexter Todd has launched a scathing critique of the Guyana Police Force and the Director of Public Prosecutions (DPP), following their decision to charge the captain and two crew members of the ill-fated M.V. Barima with 72 counts of murder.
Representing Captain Kevin Price, Chief Mate Rondell Roberts, and Goods Superintendent Delon Granderson, Dr. Todd argued that the state moved precipitously to institute capital charges before a comprehensive technical investigation—or the promised international Commission of Inquiry (COI)—had even begun to hear evidence.
Key Legal Objections Raised by Defence Council
Speaking following the men’s initial court appearance, Dr. Todd outlined major legal flaws and procedural irregularities in the prosecution’s case:
- Unsubstantiated Overloading Claims: Todd questioned how state investigators could definitively assert that the vessel was overloaded when no official, verified inventory of the cargo or accurate passenger list at the time of capsizing has been established.
- Premature “Holding Charges”: The attorney characterized the 72 counts of murder as mere “holding charges,” arguing that an investigation into a maritime disaster of this scale could not possibly yield conclusive evidence of intent or criminal liability within days.
- Impact on the Commission of Inquiry: Todd warned that filing criminal charges creates serious sub judice constraints. With the captain and crew now facing capital trials, their ability to freely testify and assist the upcoming international COI chaired by Justice Godfrey Smith may be severely restricted under legal privilege against self-incrimination.
[ DEFENCE CHALLENGE TO CAPITAL CHARGES ]
│
┌──────────────────────────────────┴──────────────────────────────────┐
▼ ▼
[ Flaws in Prosecution Timing ] [ Impact on COI ]
- Charges filed prior to naval wreck inspection - Accused ranks bound by legal privilege
- No finalized cargo weight calculation or manifest audit - Risk of restricting COI scope on key facts
- Described by defence as premature "holding charges" - Potential conflict between criminal & civil inquiries
“How can you charge men with murder based on overloading when you do not even have an accurate calculation of the cargo weight or a completed manifest?” Dr. Dexter Todd stated. “These are holding charges. The police have rushed to lay indictments before assembling all the necessary evidence, and in doing so, they risk compromising the work of the very Commission of Inquiry meant to uncover the truth.”
Legal Battle Ahead
As all three men remain remanded to prison awaiting their next court date at the Charity Magistrate’s Court on August 3, 2026, legal observers and civil society advocates are closely watching how the parallel criminal proceedings will intersect with the newly established five-member international Commission of Inquiry.
