In a terse statement this afternoon, the Chairman of the MV Barima Commission of Inquiry, Justice Godfrey Smith distanced the Commission from comments given to the Government Department of Public Information by the Counsel for the Commission, Attorneys Arud Gossai and Teni Housty.

The Chairman in the statement said the Commission was made aware of the report by DPI which stated that Government-owned ferries including the MV Barima do not require certificates of seaworthiness to operate. The report quoted the two Counsel for the Commission as elaborating that the legal position arises under the Transport and Harbours Act and its regulations.

The Commission was reportedly flooded with emails and submissions inquiring whether the statements attributed to the Commission’s Counsel represent the Commission’s position, and whether the Commission has made a determination that the MV Barima was exempt from certification as to seaworthiness and safety.

The Chairman and members of the Commission in their statement today said the Commission has made no determination on the issue of the seaworthiness or the requirement for other safety-related certification of the M/V “BARIMA”, as those issues remain live and are to be determined by the Commissioners in due course with the benefit of hearing further evidence and a careful review of relevant documentation.

The Commission said the statements attributed to the Counsel to the Commission are in no way indicative of the views or position of the Commission or any of its members.

Further, the Commission said it is improper for Counsel to the Commission to publicly offer opinion on issues that remain live before the Commission and issues that no determination has been made on.

The determination, the Commission reminded, resides exclusively within its Terms of Reference.

The clarification from the Commission of Inquiry comes as its public hearings remain adjourned. The Commission has had seven days of public hearings so far. The public hearings will restart on the 10th November as the Commission continues its probe of the sinking of the MV Barima ferry on the 18th July.

More than 100 persons lost their lives in the ferry disaster with the bodies of more than 30 still to be recovered. A total of 73 persons were rescued the morning after the ferry sank off the Essequibo Coast.

The Commission has been hearing testimonies from many of the first responders and is expected to hear from survivors and family members of those who died, when the hearings restart.

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