‘You can’t have both’ …Todd challenges parallel COI, murder prosecution of MV Barima crew

Jul 31, 2026 News

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…warns COI testimony could prejudice trio’s murder trial

(Kaieteur News) – The legal team representing the three Transport and Harbours Department (TH&D) employees charged with murder over the deadly MV Barima disaster is preparing to challenge the Director of Public Prosecutions’ (DPP) position that criminal proceedings can run alongside the Commission of Inquiry (COI), warning that such a course could prejudice the accused and undermine their constitutional rights.

With the five-member COI sworn in on Thursday and his clients on remand facing 72 counts of murder, attorney-at-law and A Partnership for National Unity (APNU) parliamentarian Dexter Todd maintained that instituting the murder charges “is not only unacceptable, it is premature.”

During a press conference Todd referenced a statement by Director of Public Prosecutions (DPP) Shalimar Ali-Hack, SC, which states that criminal proceedings and the COI can proceed concurrently. “More importantly our concerns from a legal standpoint are that there is an acceptance by the Director of Public Prosecutions that two parallel investigations are acceptable under our laws,” Todd stated.

Notwithstanding the explanation from the DPP’s Chambers, Todd argued that such a position is neither tenable nor supported by Guyana’s legal framework. “Our position from the legal standpoint is clear that the posture adopted by the Director of Public Prosecutions and that of the government is one which is formed outside of the laws of Guyana particularly in the scenario where you are dealing with casualties at sea,” he noted.

“We have been given instructions to challenge that position in the court,” he added, signalling an impending legal challenge.

Outlining the legal team’s position, Todd said the MV Barima tragedy falls within the scope of a marine casualty and should therefore be dealt with under the relevant maritime legislation.

On the evening of July 18, the MV Barima capsized and left more than 70 people confirmed dead and at least 30 others still missing at sea. “This capsising of the MV Barima fits under a marine casualty…our position, therefore, is clear that the treatment of this matter falls squarely under the guidelines of the Guyana Shipping’s Act and all other subsidiary legislations. Our legal architecture does not permit without an inquiry being held to jump into any other piece of legislation that is our criminal law or as the persons are charged under the common law,” Todd expressed.

He stressed that where legislation specifically governs the conduct of a particular matter, there should be no reverting to the common law. The charges against Captain Kevin Price, known as “KP”, Chief Mate Rondell Dwayne Roberts and Goods Superintendent Delon Granderson were instituted as murder charges under the common law.

When asked whether he would advise his clients not to participate in the COI, Todd said that, in the absence of the Commission’s Terms of Reference, there are serious considerations as to whether they should do so.

He explained that his clients’ participation would depend on several factors, the first being whether the State is prepared to stay the criminal proceedings. Todd said another consideration is whether the COI will effectively operate as a preliminary inquiry and whether, under its Terms of Reference and the governing legislation, it intends to examine the conduct of the seafarers or crew members.

“Now if they are going to be dealing with the conduct of them, then we have a legal challenge. We have a matter which is facing the courts, the criminal courts, and we have the COI. What will stand down? Will the COI stand down or will the criminal court stand down? We can’t have it on both sides because, of course, the investigation as the legislation contemplated is one which will have to have the accused persons speak,” he noted.

Todd further questioned whether any testimony his clients give under oath before the COI could later be used in the criminal proceedings they are already facing. “So, every step of it, you are seeing that there are going to be legal challenges. The third limb is that the law, there’s a body of law which supports that matters which are subjudice, no other tribunal or court or commission can look or interfere with any matters touching and concerning what a court is dealing with at the point in time,” the lawyer said.

His main contention is whether adequate safeguards will be put in place, given that his clients are already facing criminal charges and will likely be required to appear before the COI.

“So, there are a number of considerations that we will have to make before there is a definitive decision as to whether they can appear before the COI or not. The fourth consideration is that there is protection under the constitution in which they have a right not to incriminate themselves and they can invoke that. That is also an important consideration,” Todd said.

He added that, at this stage, the legal team does not have sufficient information particularly the Terms of Reference, to determine whether the accused should participate in the Commission’s proceedings.

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• Dexter Todd, DPP, MV Barima, MV Barima disaster, TH&D

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