MV Barima ferry murder trial to proceed: magistrate rejects abuse of process bid

A Guyanese magistrate has ruled the murder case against the MV Barima captain and two others must proceed. The trio faces charges over the deaths of 76 people when the ferry sank in July.

Magistrate clears path for MV Barima murder committal proceedings

The murder case against the captain of the MV Barima ferry, its chief mate, and a Transport and Harbours Department goods superintendent will proceed, after Magistrate Ravindra Mohabir rejected a defence challenge that the proceedings constituted an abuse of process, demerarawaves.com reports.

"I say, therefore, and this is my ruling, that it is not an abuse of process to have these proceedings conducted in this court," Magistrate Mohabir told the court.

He set November 16, 2026, as the date for the commencement of the paper committal. A further hearing on December 14 at 10 a.m. will determine whether sufficient evidence exists to send the three accused to trial before a High Court judge and jury.

The 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. The three are jointly charged with the murder of 76 persons.

The MV Barima sank on July 18, approximately nine to ten nautical miles off the Essequibo Coast.

Defence arguments centred on parallel inquiry

Lawyers for the accused had argued that the Shipping Act provides its own statutory mechanism for investigating such incidents and that a dedicated court should have been established for that purpose. They contended that in light of a presidential Commission of Inquiry already under way, the matter should not have been brought before a magistrate at all.

Dr Dexter Todd represents Price and Granderson. Everton Singh-Lammy represents Roberts.

The prosecution countered that nothing in the Shipping Act prevents the Director of Public Prosecutions from instituting a murder charge. Prosecutors noted that the DPP draws her authority directly from Guyana's Constitution, which includes the power to institute criminal charges. They further argued that the magistrate's court, as a creature of statute, is bound by the Paper Committal Act under which the proceedings were brought.

Magistrate's reasoning

Magistrate Mohabir, in the lead-up to his ruling, stated that the court's concern was whether the prosecution presents sufficient evidence to commit the accused to stand trial for murder, or whether a lack of evidence would warrant their discharge. He found no legal basis to halt the proceedings at this stage on grounds of abuse of process.

The paper committal process will now advance, with the December hearing set to decide whether the case moves to the High Court.

Source: Google News GY — Crime