Guyana DPP defends murder charges against MV Barima captain and crew

Guyana's DPP Shalimar Hack defended murder charges against the MV Barima captain and two others, while acknowledging the vessel had defective safety systems.

Murder charges against MV Barima crew defended by Guyana's top prosecutor

Guyana's Director of Public Prosecutions (DPP), Shalimar Hack, publicly defended the decision to institute murder charges against the captain of the ferry MV Barima and two other crew members, demerarawaves.com reported on Tuesday. In the same statement, she acknowledged that the vessel's navigational and safety systems were defective at the time of the tragedy.

"The decision to do so was based upon careful consideration of the evidence presented, the relevant principles of law involved, case law authorities from the United Kingdom, Commonwealth jurisdictions, the European Court of Human Rights, and public policy considerations," Hack said. She did not directly address the legal elements of murder — specifically intent and malice — in her remarks.

The three accused are captain Kevin Price, known as "KP", 40, of Melanie Damishana, East Coast Demerara; chief mate Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara; and goods superintendent Delon Granderson, 33, of Fellowship, West Coast Demerara.

Earlier on Tuesday, defence attorneys Nigel Hughes and Darren Wade raised serious concerns about the strength of the murder charges, arguing the case against the men was legally weak. Hughes and Wade also questioned whether the charges were motivated in part by a desire to prevent the accused from testifying before a forthcoming Commission of Inquiry (CoI) into the incident.

"Could it be that the real intention here is, the accused having been charged with murder, they would not be able to testify before the CoI as any testimony at the CoI can be used against them at the criminal trial. Hence they will remain silent," Hughes wrote in a Facebook post.

Hack rejected that suggestion directly. She stated that the CoI — to be conducted by several Caribbean and international maritime experts and established by the President — would not interfere with the prosecution. "They can proceed simultaneously as was done in the cases of the piracy charges in the Berbice matter in 2018, and the fraud charges in the 2020 Regional and General Elections," she said, adding that "the unprecedented magnitude of this matter, coupled with public interest factors" would guide how the prosecution is handled.

The DPP's office operates as an independent constitutional body under Article 187 of the Constitution of the Cooperative Republic of Guyana and is not subject to the direction or control of any other person or authority. Hack said her office reviewed the Guyana Police Force's investigative file related to the MV Barima tragedy before advising the institution of the murder charges.

Source: Google News GY — Crime