Last Updated on Tuesday, 28 July 2026, 23:51 by Writer
Even as the Director of Public Prosecutions (DPP), Shalimar Hack, sought to defend the institution of murder charges against the captain of the ferry MV Barima, she publicly stated that the vessel’s navigational and safety systems were defective.
“The decision to do so was based upon careful consideration of the evidence presented, the relevant principles of law involved, case law authorities from the United Kingdom, Commonwealth jurisdictions, the European Court of Human Rights, and public policy considerations,” the DPP said without directly addressing the legal elements — intent and malice — of murder.
Earlier Tuesday, attorneys Nigel Hughes and Darren Wade raised grave concerns about the weakness of the murder charges against the captain, Kevin Price called “KP”, 40, of Melanie Damishana, East Coast Demerara; the chief mate, Rondell Dwayne Roberts, 42, of Grove Public Road, East Bank Demerara, and the goods superintendent, Delon Granderson, 33, of Fellowship, West Coast Demerara.
Messrs Hughes and Wade also raised concerns about the implications and motive of the murder charges on the Commission of Inquiry (CoI) to be conducted by several Caribbean and international maritime experts.
“Could it be that the real intention here is, the accused having being charged with murder, (that they) would not be able to testify before the COI as any testimony at the COI can be used against them at the criminal trial. Hence they will remain silent,” Mr Hughes said in a Facebook post.
But the DPP said, “I have noted the impending establishment of an independent Commission of Inquiry by His Excellency the President and wish to state that the business of this Commission of Inquiry will not affect the prosecution of the charge instituted; they can proceed simultaneously as was done in the cases of the piracy charges in the Berbice matter in 2018, and the fraud charges in the 2020 Regional and General Elections. Given the unprecedented magnitude of this matter, coupled with public interest factors, the prosecution will be conducted with due consideration of the work of the Commission of Inquiry.”
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 shall not be subject to the direction and control of any other person or authority.
The DPP is also vested with the authority and power in any case in which it considers desirable, to institute and undertake criminal proceedings against any person before any court, of any offence against the laws of Guyana, and to generally, have control over any such proceedings instituted or undertaken.
In the exercise of those powers, Ms Hack said her office reviewed a file in relation to the MV Barima tragedy of the investigations done by the Guyana Police Force in relation thereto, and duly advised the institution of the charges of murder.
