Attorneys for crew charged for murder in MV Barima tragedy to file action against DPP over charges

The legal team representing the three crew members who were charged with murder following the sinking of the MV Barima vessel, will be challenging the DPP’s decision to institute murder charges against the three men. In particular, the team is preparing to mount a challenge over the DPP’s opinion that the men could be charged while there are parallel investigations. One of the lawyers representing the men, Dexter Todd, said the legal team is concerned by the apparent acceptance by the Director of Public Prosecutions, Shalimar Ali-Hack, that two parallel investigations are acceptable, when such is not catered for under the laws of Guyana. “We believe that that is not tenable, that is not supported under the legal architecture of Guyana and definitely, we have been given instructions to challenge that position in the court,” Mr. Todd noted. Attorney Dr. Dexter Todd Mr. Todd believes that proper procedures were not followed in relation to guiding the preliminary inquiry looking into the conduct of the crew members. “Our position from the legal stand point is clear, that the posture adopted by the Director of Public Prosecutions and that of the government, is one which falls outside of the laws of Guyana particularly in the scenario where you are dealing with casualties at sea,” Mr. Todd noted. Meanwhile, Todd has also denied that the two crew members who were on board the vessel at the time of the sinking were drunk, saying that the accusations made by Attorney General, Anil Nandlall, are irresponsible and there is no evidence to support the claim. Todd said that the murder charges instituted against the Captain of the vessel Kevin Price, Chief Mate, Rondel Dwayne Roberts, and the Goods Superintendent of Transport and Harbours Department, Delon Granderson are unacceptable and premature. “The Charge of murder in relation to the three crew members is not only unacceptable it is very premature; we hold that view. We also from the legal team, we also hold the view that the statements made by the Attorney General in relation to the crew members—particularly two of them who were charged were drunk on that boat, we hold that as an irresponsible statement, we hold that as bearing no evidential truth and clearly cannot be established,” Mr. Todd stated. He said the legal team will also be examining whether the Commission of Inquiry was properly constituted saying that the President appeared to have usurped the powers of the subject Minister in contravention of Guyana’s shipping Act.