MV Barima tragedy – Defence seeks stay in murder proceedings; Magistrate targets end-November committal

Defence Attorney Dexter Todd is set to seek a stay of the murder proceedings against his clients, Transport and Harbours Department (T&HD) employees Kevin Price and Delon Granderson, who are charged with killing passengers aboard the MV Barima, as he raises concerns over the marine casualty investigations into the tragedy. Todd raised the proposed legal challenge on Monday before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court, stating the defence intends to file preliminary arguments on September 28 in support of an application to stay the proceedings. According to him, the proposed application will focus on “abuse of process”, with the defence contending that issues arising from the circumstances surrounding the disaster fall within the parameters of marine casualty investigations. Todd told the court that those investigations are governed by law, including the Shipping Act, but argued that his clients have not been able to benefit from or be guided by them. He said the accused must be protected under the law and indicated that the stay application could be advanced on several grounds which he wants the Magistrate to consider. The attorney said the defence intends to rely on legislation and a number of authorities dealing with marine casualty investigations.

He further indicated that the issue could have implications beyond the immediate case, telling the court that, depending on how the submissions are viewed, the defence intends to pursue other avenues to help develop this area of law within Guyana’s jurisprudence. Todd is appearing for the two men, with Attorney Eden Corbin appearing in association with him. Attorney Suzanne Bullen is also appearing for Granderson. It remains uncertain whether the third accused, Rondell Dwayne Roberts, will be included in the proposed legal challenge. Roberts is represented by Attorney Everton Singh-Lammy, who told the court that the defence intends to file statements on his client’s behalf, although that position could change. Singh-Lammy nevertheless assured the Magistrate that any statement intended to be filed would be submitted by the October 19 deadline set by the court. Corbin similarly indicated that the necessary filings would be made on the dates fixed by the court and that some statements would be filed by October 19. Bullen also confirmed that statements would be filed on behalf of Granderson. Magistrate Mohabir made it clear that the October 19 deadline is firm and that no extension will be granted. The case is scheduled to return to court on October 19, when the prosecution’s position on the proposed stay is expected to be addressed. Prosecutor Mandel Moore is expected to respond to Todd’s submissions for a stay by October 12, giving the court an opportunity to consider both sides before the Magistrate rules on the application. Magistrate Mohabir indicated that he intends to rule on the stay application on October 19, when the case is scheduled to return to court. He further remanded the three accused to prison until that date.

Despite the pending legal challenge, the court has also set a timetable for the next stage of the paper committal proceedings. Paper committal proceedings are scheduled to commence on November 16, with Magistrate Mohabir stating that he intends to have them concluded by the end of November. A paper committal is a court process in which the Magistrate examines the written evidence in a criminal case, such as witness statements and documentary evidence, to determine whether there is sufficient evidence for the accused to be committed to the High Court for trial. There is no oral evidence taken during the process, meaning witnesses do not appear before the Magistrate to testify and be cross-examined.