Justice Godfrey Phillip Smith of Belize will chair a five-member Commission of Inquiry tasked with establishing the full circumstances surrounding the sinking of the MV Barima, President Dr Irfaan Ali said on Sunday, outlining the Terms of Reference the Commission will follow.
Justice Smith currently serves as the CARICOM High-Level Representative for Law and Criminal Justice and as an Ad Hoc Justice of the Eastern Caribbean Court of Appeal. He will be joined on the Commission by Dr Andrzej Jasionowski of Poland, a naval architect and marine engineer, and Captain Hamada Fouda, Senior Maritime Surveyor and Compliance Auditor at the Maritime Authority of Jamaica.
Also appointed to serve are Ms Nyree Dawn Alfonso of Trinidad and Tobago, an attorney-at-law with expertise in Admiralty and Maritime Law, and Rear Admiral (Ret’d) Hayden Pritchard of Trinidad and Tobago, an expert in Maritime Operations and Security.
President Ali said the Commission will investigate the causes and other factors relating to the loading of the vessel, the boarding of passengers, conditions on board, and the capsizing and sinking of the MV Barima, along with any related matters.
The Terms of Reference specify that the Commission will conduct a comprehensive review of all aspects of the search, rescue and recovery operations, including the adequacy, coordination and effectiveness of the response by all agencies and stakeholders involved.
The Commission is also mandated to evaluate the extent to which applicable laws, regulations, standards and operating procedures governing ferries were complied with, and to determine whether any acts of negligence, misconduct, dereliction of duty or other failures by any individual, entity or institution contributed to or caused the disaster.
The investigation is expected to examine the condition and maintenance history of the vessel, including its seaworthiness, and to analyse the influence of weather, sea conditions, tides, currents, navigation, communications and other environmental or operational factors that may have contributed to the incident.
The competence, qualifications, training and conduct of the vessel’s master and crew, including compliance with established maritime safety and emergency procedures, will also be addressed, along with passenger management issues including embarkation procedures, manifest preparation, possible overcrowding, cargo stowage, the availability and use of life-saving equipment, and adherence to passenger safety requirements.
The Commission will also recommend legislative, regulatory, institutional and operational reforms, along with other measures necessary to strengthen maritime safety, improve emergency preparedness and response, and reduce the likelihood of similar tragedies in future.
President Ali said the legal instruments required to give effect to the Commission are being formalised, after which it will commence its work in accordance with the provisions of the law.
