MV Barima tragedy – Defence seeks stay in murder proceedings; Magistrate targets end-November committal

Defence Attorney Dexter Todd is set to seek a stay of the murder proceedings against his clients, Transport and Harbours Department (T&HD) employees Kevin Price and Delon Granderson, who are charged with killing passengers aboard the MV Barima, as he raises concerns over the marine casualty investigations into the tragedy. Todd raised the proposed legal challenge on Monday before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court, stating the defence intends to file preliminary arguments on September 28 in support of an application to stay the proceedings. According to him, the proposed application will focus on “abuse of process”, with the defence contending that issues arising from the circumstances surrounding the disaster fall within the parameters of marine casualty investigations. Todd told the court that those investigations are governed by law, including the Shipping Act, but argued that his clients have not been able to benefit from or be guided by them. He said the accused must be protected under the law and indicated that the stay application could be advanced on several grounds which he wants the Magistrate to consider. The attorney said the defence intends to rely on legislation and a number of authorities dealing with marine casualty investigations.

He further indicated that the issue could have implications beyond the immediate case, telling the court that, depending on how the submissions are viewed, the defence intends to pursue other avenues to help develop this area of law within Guyana’s jurisprudence. Todd is appearing for the two men, with Attorney Eden Corbin appearing in association with him. Attorney Suzanne Bullen is also appearing for Granderson. It remains uncertain whether the third accused, Rondell Dwayne Roberts, will be included in the proposed legal challenge. Roberts is represented by Attorney Everton Singh-Lammy, who told the court that the defence intends to file statements on his client’s behalf, although that position could change. Singh-Lammy nevertheless assured the Magistrate that any statement intended to be filed would be submitted by the October 19 deadline set by the court. Corbin similarly indicated that the necessary filings would be made on the dates fixed by the court and that some statements would be filed by October 19. Bullen also confirmed that statements would be filed on behalf of Granderson. Magistrate Mohabir made it clear that the October 19 deadline is firm and that no extension will be granted. The case is scheduled to return to court on October 19, when the prosecution’s position on the proposed stay is expected to be addressed. Prosecutor Mandel Moore is expected to respond to Todd’s submissions for a stay by October 12, giving the court an opportunity to consider both sides before the Magistrate rules on the application. Magistrate Mohabir indicated that he intends to rule on the stay application on October 19, when the case is scheduled to return to court. He further remanded the three accused to prison until that date.

Set timetable
Despite the pending legal challenge, the court has also set a timetable for the next stage of the paper committal proceedings. Paper committal proceedings are scheduled to commence on November 16, with Magistrate Mohabir stating that he intends to have them concluded by the end of November. A paper committal is a court process in which the Magistrate examines the written evidence in a criminal case, such as witness statements and documentary evidence, to determine whether there is sufficient evidence for the accused to be committed to the High Court for trial. There is no oral evidence taken during the process, meaning witnesses do not appear before the Magistrate to testify and be cross-examined.
At the previous hearing on September 9, Prosecutor Moore told the court that the State had completed full disclosure of the evidence and material information gathered in the investigation. The defence was subsequently given time to review the material and determine whether statements would be filed on behalf of the accused. Price, known as “KP”, is a 40-year-old captain of Melanie Damishana, East Coast Demerara (ECD). Roberts, 42, is a chief mate of Grove Public Road, East Bank Demerara, while Granderson, 33, is a goods superintendent of Fellowship, West Coast Demerara (WCD). All three are T&HD employees and were members of the MV Barima’s crew at the time of the disaster. They were jointly charged by the police with murder following legal advice from Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC. The Office of the DPP has since defended its decision to charge the three men, maintaining that the decision followed a thorough assessment of the evidence and applicable legal principles. In a statement, the DPP noted the decision was reached after “careful consideration of the evidence presented,” relevant legal principles, case law from the United Kingdom (UK) and other Commonwealth jurisdictions, authorities from the European Court of Human Rights (ECHR) and public policy considerations. The men first appeared before Chief Magistrate Judy Latchman at the Georgetown Magistrates’ Courts on July 28. They were not required to plead to the indictable murder charge and were remanded to prison. The matter was later transferred to the Charity Magistrate’s Court.
Police alleged that the three men 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 vessel, an 87-year-old passenger and cargo ferry, had departed the Kingston Goods Wharf in Georgetown at approximately 15:15h on its scheduled journey to Port Kaituma in Region One (Barima-Waini). However, at about 23:01h, the MV Barima transmitted a distress signal after encountering difficulties off the Essequibo Coast near the mouth of the Pomeroon River. There were 179 people aboard, including 18 crew members.
The disaster resulted in the deaths of 73 people, while 76 survived. Approximately 30 people remain unaccounted for. A day after the disaster, Prime Minister (PM) Brigadier (Ret’d) Mark Phillips disclosed that two crew members, including the vessel’s captain, had tested positive for cannabis sativa, commonly known as marijuana. The criminal proceedings are unfolding alongside a separate Government-appointed five-member Commission of Inquiry (CoI) established to examine the circumstances surrounding the tragedy. The CoI is also expected to examine, among other matters, the circumstances that led to the sinking, regulatory oversight, the emergency response and measures that could prevent a similar disaster in the future. DPP Shalimar Ali-Hack had previously maintained that the CoI will not interfere with the criminal proceedings, noting that the two processes can proceed simultaneously.