The Commission of Inquiry into the MV Barima tragedy has formally commenced its investigative phase and has established procedures governing evidence, witness participation, confidentiality and the conduct of the inquiry.

The procedures, published in the Official Gazette, state that the Commission’s principal objective during the investigation is to identify witnesses for the evidentiary hearing and gather information relevant to its Terms of Reference.

According to the rules, the investigative phase will primarily involve the collection and review of documents, consultations and interviews with persons who have information, and selection of physical evidence.

The Commission has directed all persons to preserve original documents relevant to its Terms of Reference that are in their possession, custody or control, as well as physical evidence, unless the Commissioners order otherwise.

“All persons are required to preserve originals of all documents relevant to the Commission’s Terms of Reference that are in their possession, power or control and any relevant physical evidence in their possession, power or control until such time as the Commissioners have ordered otherwise,” the Publication stated.

The procedural rules also establish a mechanism for individuals or organisations seeking to participate in the inquiry.

The Commission may grant standing where an applicant has, among other things, a direct and significant role in relation to the matter under investigation; a substantial, personal or direct interest in the subject matter, including as a witness, survivor, family member of a victim or otherwise; or where the applicant may be expected to participate significantly in the proceedings or report and their participation could assist the Commission in fulfilling its Terms of Reference.

The Commissioners will determine the terms on which a person may participate in the inquiry, as well as the nature and extent of that participation.

The rules provide that the Commission may receive any evidence it considers helpful in fulfilling its mandate, regardless of whether that evidence would ordinarily be admissible in a Court of law.

Witnesses are not required to reproduce documents already in the Commission’s possession unless specifically directed to do so. The Commission said it may also require original documents to be produced for inspection.

The rules further empower the Commission to require any person, agency, department or body to produce true copies of documents in its possession or control that may have a bearing on the inquiry.

Additionally, the procedural rules establish a specific framework for documents received by the Commission.

Under the rules, documents are initially to be treated as confidential unless the Commission determines that they should be made publicly available, determines that they should be admitted into evidence at the hearing, directs otherwise, or orders their disclosure.

Hearings for the Commission are to be held at the Arthur Chung Conference Centre.

The Chairman and Member of the Commission took their oath of office almost two months ago, and the hearings are yet to begin.  The Commission was initially given a timeline of two months to complete its job.

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