The work of an independent Commission of Inquiry into the MV Barima tragedy will not affect the prosecution of murder charges already instituted in the matter, the Director of Public Prosecutions (DPP) said, noting that both processes can proceed simultaneously.
The DPP cited precedent from the piracy charges in the 2018 Berbice matter and the fraud charges relating to the 2020 Regional and General Elections, where criminal proceedings and inquiries ran in parallel. Given the unprecedented magnitude of the MV Barima matter and public interest factors, the prosecution will be conducted with due consideration of the commission’s work, the DPP said.
The Office of the Director of Public Prosecutions is an independent office 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.
The DPP is vested with the authority, in any case considered desirable, to institute and undertake criminal proceedings against any person before any court for any offence against the laws of Guyana, and to generally have control over such proceedings.
In exercising those powers, the Office of the DPP said it reviewed a file relating to the MV Barima tragedy, compiled from investigations by the Guyana Police Force, and duly advised the institution of murder charges against Captain Kevin Price, Chief Mate Rondel Dwayne Roberts and Goods Superintendent of the Transport and Harbours Department Delon Granderson.
The decision was based on careful consideration of the evidence presented, the relevant principles of law involved, case law authorities from the United Kingdom, Commonwealth jurisdictions and the European Court of Human Rights, and public policy considerations, the DPP said.
