Guyana's MV Barima inquiry to begin public hearings Oct. 14

The Commission of Inquiry (COI) into the MV Barima tragedy will begin public hearings on Oct. 14, with more than 100 witnesses expected to testify as commissioners investigate the circumstances surrounding the vessel’s sinking.

Javed Shadick, secretary of the commission, announced the start of the formal hearings during a press briefing Tuesday.

“On Wednesday, (October 14) we plan to commence the first sitting of the commission here where we will start gathering evidence from persons who wish and who we would have processed,” Shadick said.

The hearings will be held at the Arthur Chung Conference Centre in Liliendaal, where the Commission Secretariat is based. Proceedings are scheduled for Mondays through Fridays from 9 a.m. to 4 p.m. Interpreters and counselors will be available where necessary.

Shadick said more than 100 potential witnesses have been identified, including first responders, government officials, survivors and relatives of those who died in the tragedy.

However, despite a notice issued last week inviting people with relevant information to come forward, only one person — a survivor — has so far contacted the Secretariat indicating an intention to testify.

The commission's counsel are Teni Housty and Arud Gossai.

“Counsel for the commission will be interviewing persons who, one, they believe may have some knowledge of events to answer questions towards the Terms of Reference,” Shadick said.

Before the formal hearings begin, the five-member commission will conduct meetings and site visits beginning Wednesday.

The commission is scheduled to formally begin its work at 10 a.m. Wednesday and later meet with families of survivors in Regions 3, 4 and 5.

On Thursday, commissioners will visit Kingston Wharf, the Maritime Administration Department and the Transport and Harbours Department. They will visit two dry-dock facilities on the East Bank Demerara on Friday.

The commission will then travel to Mabaruma and Port Kaituma on Oct. 12 and 13, respectively, to meet with survivors and families and visit wharf facilities.

Shadick stressed that those meetings will not form part of the formal evidence-taking process.

“These meetings are not evidence taking, they won’t be taking evidence. It will just be a meeting as the commissioners wish to reach out to them,” he said.

Scope of the inquiry

The commission has been tasked with establishing the circumstances surrounding the MV Barima tragedy, including the causes and factors related to the loading of the vessel, the boarding of passengers, conditions onboard and the vessel’s capsizing and sinking.

It will also examine the adequacy of search, rescue and recovery operations, the vessel’s seaworthiness and maintenance history, and the competence of its crew.

The inquiry will further determine whether applicable laws and operating procedures were followed and whether negligence, misconduct, dereliction of duty or other failures contributed to the disaster.

The commission was initially given two months to complete its work, but Shadick said that timeframe will have to be extended because of the amount of evidence that must be gathered.

“The two months time frame would have to be extended because I think we could all do the maths and see that the two months are almost up so that would be extended,” he said.

Shadick estimated that the inquiry could take about six months, although the timeline will depend on how long the evidence-gathering process takes.

“The way it works is that all evidence taken is done. I don’t know how long that is going to take and then the report is done afterwards, so based on our initial estimate I think that maybe six months,” he said.

The commission is chaired by Justice Godfrey Phillip Smith of Belize. Its other members are Captain Hamada Fouda, Nyree Dawn Alfonso, Rear Admiral (Ret’d) Hayden Pritchard and Dr. Andrzej Jasionowski.