Chairman of the MV Barima Commission of Inquiry (COI), Justice Godfrey Smith said the Commission has not made a decision on whether it will summon the three men charged with 72 counts of murder in relation to the deadly tragedy, to appear before it.

Justice Smith made the disclosure on Tuesday as he responded to a number of queries put to the Commission by Attorney-at-Law Suzanne Bullen, who is the Counsel for one of the three accused, 33-year-old Goods Superintendent Delon Granderson. 

Bullen inquired whether Granderson would be summoned to appear before the Commission.

“We are unable at this time because we have not discussed and deliberated upon it to say whether or not, bearing in mind your client’s right not to incriminate itself, whether we will summon him. In any event it might not amount to much. So, we can’t offer any clarification at this time,” the Chairman said in response.

Granderson, the captain of the MV Barima Kevin Price and the chief mate Rondell Dwayne were charged with murder after the MV Barima ferry sank off the Essequibo Coast on July 18, 2026 killing more than 100 persons.

Justice Smith while iterating that the Commission is cognizant of the right of the three accused not to incriminate themselves, said their testimonies would be useful to the Commission. Against that background he inquired whether Granderson would be willing to appear before the Commission.

“We think that Mr. Granderson and the other two would give useful testimony to the Commission. We have not decided summoning them. So, I want to ask before we go any further, since you represent Mr. Granderson are you in position to say whether he would wish to voluntarily come forward and give testimony. We of course immediately recognize that he has a right, even if summoned, to come before the Commission and say he has nothing to say because he stands on his right not to incriminate himself,” the Chairman said.

Bullen told the Commission that she had no such instruction and would therefore seek guidance from her client.

Bullen wrote the Commission on the matter on Monday, ahead of her appearance.

With the criminal case happening parallel to the work of the COI, Bullen also queried whether the transcripts from the public hearings would be made available, and whether the Commission has imposed restrictions on the use of evidence presented during the Commission in the criminal courts.

The Chairman, in response, said the use of evidence emanating from the Commission would be a matter for the Court.

It was also noted that at present, the transcripts are not ready.

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