MV Barima murder case: Defence moves to halt MV Barima murder case; 3 accused remain on remand

Defence Attorney Dexter Todd on Monday confirmed that he had completed submissions in support of an application to stay the murder proceedings against two Transport and Harbours Department (T&HD) employees charged in connection with the deadly MV Barima disaster. Todd represents Captain Kevin Price, 40, of Melanie Damishana, East Coast Demerara (ECD), known as “KP,” and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara (WCD). He told Magistrate Ravindra Mohabir at the Charity Magistrate’s Court that his submissions had been completed. He said they would be served on the prosecution and the attorney representing the third accused, Chief Mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara (EBD). The matter was adjourned to October 12 when the prosecution is expected to respond to the defence submissions. The three accused, who appeared virtually via Zoom, were further remanded to prison until that date.

Marine casualty investigation
Todd had previously indicated that the defence would seek a stay of the murder proceedings on grounds of abuse of process, particularly in relation to the circumstances surrounding the marine casualty investigation into the July 18, 2026 disaster. According to him, the legal challenge centres on the defence’s contention that issues arising from the sinking of the MV Barima fall within the scope of marine casualty investigations governed by legislation, including the Shipping Act. Todd had argued that his clients had not been able to benefit from, or be guided by, those investigations and that they should be protected under the applicable law. The attorney indicated that the stay application would be advanced on several grounds and would rely on legislation and legal authorities dealing with marine casualty investigations. He also suggested that the legal challenge could have implications beyond the immediate proceedings, indicating that the defence may pursue other avenues to develop the law in this area within Guyana’s jurisprudence. Roberts is represented by attorney Everton Singh-Lammy, who previously told the court that the defence intended to file statements on his behalf.
At Monday’s hearing, Todd confirmed that his submissions had been completed. Arrangements were made for copies to be sent electronically to the prosecution to ensure that prosecutor Mandel Moore would have sufficient time to review them and respond.

Paper committal
The latest development comes as the criminal case remains at the preliminary stage, with the court having already established a timetable for the next phase of the proceedings. Magistrate Mohabir had previously indicated that paper committal proceedings are expected to begin on November 16 and that he intends to have them completed by the end of November. A paper committal does not involve witnesses appearing in court to give oral testimony or face cross-examination. Instead, the Magistrate considers the written evidence and other documentary material to determine whether there is sufficient evidence for the accused to be committed to the High Court for trial. At an earlier hearing on September 9, prosecutor Moore informed the court that the State had completed full disclosure of the evidence and material information gathered during the investigation. The defence was subsequently given time to examine the disclosed material and determine whether statements would be filed on behalf of the accused.
The three T&HD employees were jointly charged with murder following legal advice from Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC. The Office of the DPP has defended the decision to charge the men, stating that it followed an assessment of the evidence and applicable legal principles. The DPP has said the decision was reached after consideration of relevant case law from the United Kingdom (UK) and other Commonwealth jurisdictions, authorities from the European Court of Human Rights and public policy considerations. The men first appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Courts on July 28, 2026, where they were not required to plead to the indictable murder charges. They were remanded to prison before the matter was transferred to the Charity Magistrate’s Court. Police allege that Price, Roberts and Granderson murdered passengers aboard the MV Barima when the vessel capsized on July 18, 2026, approximately 9.3 nautical miles off Devonshire Castle on the Essequibo Coast. The 87-year-old passenger and cargo ferry had departed Kingston Goods Wharf in Georgetown at approximately 15:15h on its scheduled journey to Port Kaituma in Region One. At about 23:01h, the vessel transmitted a distress signal after encountering difficulties near the mouth of the Pomeroon River. A total of 179 people were aboard, including 18 crew members. The disaster claimed 73 lives, while 76 people survived. Approximately 30 others remain unaccounted for.
The criminal proceedings are unfolding alongside a separate Government-appointed five-member Commission of Inquiry (CoI) into the tragedy. The DPP has maintained that the CoI and the criminal proceedings can proceed simultaneously, as the two processes serve separate legal purposes.
The three accused have not been required to enter pleas to the indictable murder charges.
The CoI is expected to examine the circumstances that led to the sinking, regulatory oversight, the emergency response and measures to prevent a similar disaster in the future.