The Attorneys representing the three men charged for murder in connection with the deaths from the MV Barima sinking have asked the Court to halt the criminal proceedings.

The Captain of the vessel and a crew member along with the Goods Superintendent at the Transport and Harbours Department are facing 72 murder charges over the deaths that occurred when the MV Barima sank off the Essequibo coast during a voyage to Port Kaituma on July 18, 2026.

In the Charity Magistrate’s Court today, Attorney Dexter Todd submitted an application for the Court to stay the criminal proceedings on the grounds that it the murder charges amount to an abuse of the law.

The Attorney argued that the men have not been given protection of the law, as he made a case for the criminal proceedings to be halted. He said the case should be stopped and a proper investigation be conducted in accordance with the Shipping Act.

“Under the Shipping Act, these types of matter or incidents require a particular investigation, it is not a situation where someone went on the vessel and murdered over 100 people. It is an incident that happened, a capsizing of a vessel, which to our mind requires a number of answers through an investigation to be given under the Shipping Act. There are procedures laid out for such an investigation before arriving at the determination as to whether someone is culpable or not,” Todd told News Source.

Mr. Todd said the Shipping Act provides for breaches, and that legislation should not be replaced by the Criminal Law.

“Even in situation where someone, a crew member, let’s say the captain would have been under the influence of alcohol, the Shipping Act makes provision for that, and so, to violate. So, if I am working on a vessel, I am protected by that legislation, if anything happens, I am protected by that legislation. The state does not get to go violate that legislation, look pass that legislation, and bring me into or under the criminal law act for any actions done,” Todd said.

As he did in court, the Attorney emphasized that the law should be followed.

Magistrate Mohabir has granted the Defence up until September 28, 2026 to make their formal submissions. The Prosecution is required to file their reply by October 12 and the case is expected to resume on October 19, 2026 when the Magistrate will deliver his decision on the application submitted.

The murder case is being heard by Magistrate Rabindra Mohabir at the Charity Magistrates’ Court.

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