Attorneys for two defendants charged with murder following the deadly MV Barima sinking are preparing an application to halt the proceedings, arguing that the prosecution may constitute an abuse of the court process.
Defense attorney Dexter Todd told Magistrate Ravindra Mohabir on Monday that he plans to present preliminary arguments September 28 on behalf of vessel captain Kevin Price and goods superintendent Delon Granderson.
Todd said the defense would rely on legislation and court decisions governing marine-casualty investigations. He argued that his clients had not received the benefit or guidance of investigations conducted under that framework before facing murder charges.
The prosecution, led by Senior Police Legal Adviser Mandel Moore, is expected to respond by October 12. Mohabir indicated that he intends to rule on the proposed stay October 19.
A stay would suspend or terminate the current proceedings if the court concludes that allowing them to continue would be legally improper. The defense’s intention to apply for one does not mean the court has accepted its arguments.
It remained uncertain whether the application would also cover chief mate Rondell Dwayne Roberts, the third defendant. Todd said he did not know whether Roberts’ attorney, Everton Lammy-Singh, would join the challenge.
Price, 40; Roberts, 42; and Granderson, 33, remain on remand. They are accused of murder in connection with the vessel’s July 18 capsizing approximately 9.3 nautical miles off Devonshire Castle on Guyana’s Essequibo Coast.
Authorities have reported that 73 people died, approximately 30 remain unaccounted for, and 76 survived.
Separate paper-committal proceedings are scheduled to begin November 16. Through that process, the magistrate would review written evidence to determine whether the prosecution has established a sufficient case for a High Court trial.
Mohabir has said he wants the committal proceedings completed by the end of November. That timetable could change if the stay application succeeds or produces further litigation in a higher court.
The court also set Oct. 19 as the deadline for defense statements and said no extension would be granted. The defendants are due to return to court that day.
