Defence seeks to halt MV Barima murder trial, citing Shipping Act protections

Lawyers for three men facing 72 murder charges over the MV Barima sinking have applied to stay proceedings, arguing criminal law should not override the Shipping Act.

Lawyers argue Shipping Act should govern MV Barima deaths, not criminal law

Attorneys representing three men charged with murder over the MV Barima disaster have filed an application in the Charity Magistrate's Court to halt the criminal proceedings, newssourcegy.com reports.

The three accused — the vessel's captain, a crew member, and the Goods Superintendent at the Transport and Harbours Department — face 72 murder charges stemming from the sinking of the MV Barima off the Essequibo coast on July 18, 2026, during a voyage to Port Kaituma.

Attorney Dexter Todd submitted the stay application on the grounds that the murder charges constitute an abuse of the law. He argued his clients have been denied proper protection of the law and that any investigation into the incident must proceed in accordance with the Shipping Act.

"Under the Shipping Act, these types of incidents require a particular investigation," Todd told News Source. "It is not a situation where someone went on the vessel and murdered over 100 people. It is a capsizing, which to our mind requires a number of answers through an investigation to be given under the Shipping Act. There are procedures laid out for such an investigation before arriving at the determination as to whether someone is culpable or not."

Todd further argued that the Shipping Act provides specific provisions for breaches on vessels — including situations involving crew members found to be under the influence of alcohol — and that criminal law should not override that legislation.

"If I am working on a vessel, I am protected by that legislation. The state does not get to look past that legislation and bring me under the criminal law act for any actions done," he said.

Magistrate Rabindra Mohabir, who is presiding over the case at the Charity Magistrate's Court, granted the defence until September 28, 2026 to file formal submissions. The prosecution must submit its reply by October 12, with the case set to resume on October 19, 2026, when the magistrate is expected to deliver a ruling on the application.

Source: Google News GY — Crime