Latest update August 4th, 2026 12:30 AM
MV Barima COI can refer criminal negligence, official misconduct for prosecution – ToRs shows
(Kaieteur News) – The Commission of Inquiry established to investigate the catastrophic sinking of the MV Barima has been granted the authority to refer evidence of criminal negligence, official misconduct and breaches of statutory duties directly to the relevant law enforcement and prosecuting authorities, according to the Terms of Reference (ToRs) published by President Irfaan Ali.
The five-member international panel has also been tasked with conducting a sweeping investigation into six key areas surrounding the 18th July maritime disaster, including the vessel’s seaworthiness, passenger and cargo operations, crew conduct, the search and rescue response, and the effectiveness of regulatory oversight, as it seeks to determine what led to one of Guyana’s deadliest maritime tragedies.
President Irfaan Ali (center) and the four COI members that were sworn-in at State House on Thursday.
The tragic maritime disaster occurred on Saturday, 18th July, 2026, approximately 10 nautical miles off the coast of Region Two, between Better Success and Dartmouth. The vessel, operated by the Transport and Harbours Department, was en route to Port Kaituma to Georgetown when it capsized, resulting in the loss of lives, injuries, missing persons, and the total loss of both vessel and cargo.
A five-member panel chaired by retired judge Justice Godfrey Phillip Smith has been appointed to lead the investigation. The commission has been handed a broad mandate to uncover the root causes of the tragedy and hold responsible parties accountable.
According to the Extraordinary Gazette, the investigation will examine six critical areas surrounding the disaster. The panel will conduct a full examination of the vessel’s safety and seaworthiness, including hull condition, stability, machinery, maintenance history, and statutory approvals. It will perform comprehensive audits of passenger and cargo operations, looking into manifest accuracy, passenger counts, potential overcrowding, cargo loading procedures, and the availability of life-saving equipment. Furthermore, the inquiry will evaluate human factors, assessing crew qualifications, fatigue, operational readiness, and emergency decision-making during the crisis.
The scope also encompasses a thorough review of the search and rescue response, evaluating the speed, coordination, and overall effectiveness of efforts executed by the Coast Guard, the Guyana Police Force, local fisherfolk, and emergency services. Regulatory oversight will also come under scrutiny, with audits planned for supervisory oversight by state entities, specifically the Transport and Harbours Department and the Maritime Administration Department. Crucially, the panel holds explicit authority to refer any evidence of criminal negligence, official misconduct, or statutory breaches directly to legal and prosecuting authorities.
President Ali has emphasised the urgency of the investigation, setting a strict two-month timeline for the panel to submit its final written findings and actionable recommendations to the government. To address immediate concerns, Commissioners are authorised to issue interim safety reports at any point during the proceedings if ongoing public safety risks are identified.
To ensure maximum transparency and public confidence, hearings will be held publicly across both Georgetown and Region Two. Proceedings will utilise physical, virtual, and hybrid platforms to encourage broad participation. While sessions remain open to the public by default, the Commission retains discretion to conduct closed-door sessions when necessary to protect sensitive evidence or ensure witness safety.
The commission panel, recently named by President Irfaan Ali to investigate the ferry tragedy, is chaired by former Attorney General of Belize Godfrey Phillip Smith. The other commissioners include Captain Hamada Fouda (Jamaica), Rear Admiral (Rt’d) Hayden Pritchard (Trinidad and Tobago), Nyree Dawn Alfonso (Trinidad and Tobago), and forensic naval engineering expert Dr. Andrzej Jasionowski (Poland).
The MV Barima, an 87-year-old ferry built in 1939, capsized while en route from Georgetown to Port Kaituma on 18th July, 2026. The tragic incident has so far resulted in the loss of 73 lives, with at least 30 persons still missing. Government said that 77 persons were rescued, but one survivor subsequently died.
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