MV Barima tragedy: Improper for counsel to publicly express opinion on matters – COI Chair

…distances CoI from lawyers’ seaworthiness comments

The Commission of Inquiry (CoI) into the sinking of the MV Barima has clarified that comments attributed to its counsel concerning the need for Government-operated ferries to have certificates of seaworthiness do not represent the position of the Commission.

In a statement issued by Chairman Justice Godfrey P. Smith, SC, the Commission said it had made no determination on whether the MV Barima was required to have seaworthiness or other safety-related certification.
The clarification follows a Department of Public Information (DPI) publication dated October 22, which reported that Government-owned and operated ferries, including the MV Barima, do not require certificates of seaworthiness to operate.
The report attributed the position to counsel for the Commission, Attorneys Arudranauth Gossai and Teni Housty, and stated that the legal position arose under the Transport and Harbours Act and its regulations.
According to Smith, the publication prompted emails and submissions to the Commission seeking clarification on whether the statements attributed to counsel represented the Commission’s position and whether a determination had been made that the MV Barima was exempt from certification requirements.
“The Commission has made no determination on the issue of the seaworthiness or the requirement for other safety-related certification of the MV ‘Barima’,” Smith said.
He explained that the issues remain before the Commission and will be determined after further evidence is heard and the relevant documentation is reviewed.
Smith further stated that the comments attributed to counsel were “in no way indicative” of the views or position of the Commission or any of its members.
The chairman also said it was improper for counsel to publicly express an opinion on matters that remain under consideration by the Commission and fall within its Terms of Reference.
The five-member Commission is chaired by Smith and includes Captain Hamada Fouda, Attorney Nyree Dawn Alfonso, Dr Andrzej Jasionowski and Rear Admiral (Ret’d) Hayden Pritchard.
The inquiry is examining the circumstances surrounding the July 18 sinking of the MV Barima, including the response of public authorities, emergency services and maritime agencies.
It is also looking at the resources available, communications received and transmitted, and decisions taken during the rescue and recovery operations.
The MV Barima was travelling to Port Kaituma, Region One, with 179 people on board when it capsized and sank off the Essequibo Coast in Region Two.
Seventy-six people survived, while 73 have been confirmed dead and another 30 remain missing. Attempts to reposition the vessel, which remains on the seabed about nine miles off the Essequibo Coast, were unsuccessful.
The issue of maritime safety oversight and ferry documentation requirements also arose during the Commission’s questioning of MARAD emergency operations coordinator Flores.
His testimony was paused after he requested legal advice following sustained questioning about his appointment as director of maritime safety and whether ferries operating in Guyana could be exempted from certain documentation requirements.
The CoI will resume its oral hearings on November 10 at the Arthur Chung Conference Centre (ACCC) in Greater Georgetown.