Commission of Inquiry into ill-fated MV Barima tragedy likely to begin this month

The Commission of Inquiry, appointed to investigate the circumstances surrounding the July 18 capsizing of the M/V Barima that resulted in the deaths of more than 100 people, says it is committed to conducting its work “independently, impartially, thoroughly and expeditiously, without fear or favour”, and in accordance with its terms of mandate.

The MV Barima, an 87-year-old state-owned passenger ferry capsized and sank off the coast of Guyana as it made its way from Georgetown to Port Kaituma, a small village within the Barima-Waini administrative region, resulting in Guyana’s deadliest maritime disaster with 73 confirmed deaths and 30 others missing and presumed dead.

Prime Minister Mark Phillips had despite the official manifest indicating that 116 passengers and a crew of 17 had been on board the vessel, the authorities believe that 179 people including the crew members were on the vessel when it capsized after being hit by a large wave.

The Commission said it is “working assiduously to commence the Inquiry later this month”.

President Irfaan Ali had on July 30, sworn into office, the five-member Commission, chaired by retired Justice from Belize, Godfrey Philip Smith, to “conduct a thorough, independent, impartial and comprehensive public inquiry into all circumstances surrounding the capsizing and sinking of the M/V “BARIMA”, the tragic loss of life, the response thereto, and all matters reasonably connected therewith”.

In a statement providing an update on its work to date, the Commission said it has since arranged for acquisition of important data and information from a number of public institutions likely to have information touching and concerning the capsizing of the Barima.

It said the acquisition is in accordance with the requirements of international maritime conventions, the regulations made under same and the Guyana Shipping Act and that these institutions include: MARAD, Transport and Harbours Division, the Guyana Coast Guard and Air Guard.

In addition, it said it has made preliminary analysis of the documentation received to date regarding various aspects of the seaworthiness of the M/V “BARIMA”, such as the conditions under which it sailed, and the crew operation during the the ill-fated voyage.

The Commission said that it has also compiled a list of potential witnesses and is preparing a preliminary schedule for interviewing them and that it has also drafted the Rules of Procedure governing how it will approach its work.

“These rules will ensure that the inquiry is open to all, transparent, orderly, fair and effective and will be published shortly,” the Commission said, adding that it is in the process of developing a dedicated website to serve as its single authoritative public record which is critical to promoting transparency and accessibility.

“The Commission fully recognizes and understands the immense public interest in the circumstances surrounding the capsizing of the M/V “BARIMA” and the resulting tragic loss of life. The Commission is committed to conducting its work independently, impartially, thoroughly and expeditiously, without fear or favour, in accordance with Rules of Procedure and the terms of its mandate. The Rules of Procedure are in the final phase of completion.”

The Commission said it also “considers it essential that the relevant technical, documentary and witness evidence be properly identified and assessed before the public hearings commence to ensure that the proceedings are efficiently and effectively conducted.

“It is also very important that all persons with relevant information have a fair opportunity to contribute to the Inquiry. In this regard, the Commission is working assiduously to commence the Inquiry later this month,” it added.

The Commission said it continues to prepare the necessary groundwork to “ensure that efficient and effective public hearings are facilitated and will provide further information concerning the commencement, conduct and schedule of public hearings once these matters are finalized” thanking the Guyanese “for their patience and cooperation as this important process continues”.

Meanwhile, Attorney General and Minister of Legal Affairs, Anil Nandlall, says while the Commission is getting ready to do its work, the government is setting up the legal framework to offer long and short-term financial assistance for persons affected.

“The government has gone great lengths to ensuring that there is a fair and transparent legal mechanisms in place to offer financial and other assistance. The government has appointed a team of lawyers to demonstrate its insulation from the events and the government has also given those lawyers the authority to devise the requite legal framework through which this assistance will be offered,” Nandlall said on his weekly “Issues in the News” programme on Tuesday night.

He told viewers that the interim financial assistance being offered is not compensation, nor is it government admitting guilt, but it is a way to assistance those involved and the families affected.

“This is not compensation, it is not intended to be compensation, and first of all government is not admitting liability here, the government is offering assistance. Naturally, every person who will be engaged will have the right to retain or instruct lawyers of their choice if they wish. This initiate of the government includes long term and short-term support, for the affected persons” Nandlall said.

He said that while those who will be engaged are free to have legal representation, he is disappointed by utterances of some lawyers who are lobbying persons not to engage the government regarding financial assistance. —GEORGETOWN, Guyana (CMC)