Retired Chancellor makes application to represent Minister Juan Edghill at MV Barima Commission of Inquiry

Retired Acting Chancellor of the Judiciary, Justice Carl Singh today made application to the MV Barima Commission of Inquiry (COI) to represent the Minister of Public Works Juan Edghill, as the Commission commenced public hearings at the at the Arthur Chung Conference Center.

The Commission, established by President Irfaan Ali, is tasked with investigating the circumstances under which the MV Barima ferry capsized and sank off the Essequibo Coast on July 18 with more than 179 persons on board.

Justice Singh told the five-member Commission led by Justice Godfrey Smith of Belize that Minister Edghill has a substantial interest in the inquiry, adding that long before the Commission was constituted he had been the subject of public ridicule.

There have been widespread calls for Minister Juan Edghill to be removed from office. Hours after the ferry sank, he had declared that the vessel was not overloaded. He was later forced to walk back that statement as survivors recounted the tragedy and all that led up to it.

“Even before one of your appointments, the minister and one of his colleagues, they together have been the subject of… criticism following the sinking of the vessel Barima,” Justice Singh told the Commission.

In response, the COI Chairman instructed Justice Singh to put his application in writing, adding that the Commission will consider his application as soon as it is submitted in writing to the Secretary of the Commission, Attorney-at-Law Javed Shadick.

Noting that the Commission is grounded in fairness, Justice Smith assured that all individuals would be given adequate notice should they be the subject of adverse criticism.

“The minute we have evidence or reason to believe or information that anyone or any entity or any organization is or maybe subjected to any form of adverse criticism, adequate notice will be given to that person or entity in this case,” the Chairman assured.

Meanwhile, Attorney-at-Law Teni Housty, who is among two Counsel assigned to Commission, in his opening remarks, said though the inquiry cannot restore the lives lost or erase the pain being felt by families of the deceased, it represents an important opportunity to establish the truth, provide answers and identify measures to prevent a recurrence.

The Commission is mandated to conduct a thorough, independent and impartial investigation into the circumstances surrounding the capsizing and sinking of the vessel.

“The fundamental questions are straight forward, although the answers may be complex. What happened? Why did it happen?… Were there failures of individuals, institutions or systems? And what must be done to ensure such a tragedy does not occur again? In answering these questions, the Commission must examine not only the immediate circumstances of the sinking, but also the events, decisions and systems which preceded it,” Housty said.

Alluding to the Terms of Reference, Mr. Housty said so far as the evidence permits, the sequence of events and the immediate and direct contributing causes of the tragedy.

Further, he made clear that the Counsel to the Commission do not represent any particular party or interest, adding that their roles are neither to prosecute or defend any individual, institution or organization but to assist the Commission in establishing the facts through the careful consideration of the evidence before it.

Housty said as Counsel for the Commission, he and Attorney-at-Law Arudranauth Gossai will act objectively and without pre-conceived ideas. He said they are not obligated to establish blame, but to assist the Commission in establishing the facts.

Gossai said the evidence that will be presented to the Commission will address six areas – the seaworthiness and safety of the MV Barima including maintenance; passenger and cargo operations including loading procedures, cargo quantities and manifest; and the qualification, competence, and conduct of the crew.

It will also address the search and rescue operations, the regulatory and institutional oversight of the vessel including the roles and responsibility of the Transport and Harbours Department and MARAD; and finally, the human element.

More than 100 witnesses including survivors, the families of those who perished, officials and first responders are among those who are expected to appear before the Commission.

Initially, the Commission, which was appointed in July, was expected to complete its work within two months. However, the Secretary of the Commission has indicated that an extension would be sought. He estimates that the work of the Commission could span more than six months.

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