The Owner in the Dock: Who the Barima Committal Actually Implicates
The Owner in the Dock: Who the Barima Committal Actually Implicates
OPINION BY: Hem Kumar September 2026
On September 9, 2026, Captain Kevin Price, Chief Mate Rondell Roberts, and Goods Superintendent Delon Granderson appeared virtually before Magistrate Ravindra Mohabir at the Charity Magistrate’s Court and were further remanded to prison. Prosecutors confirmed the evidence in the case has now been fully disclosed to the defence. Statements, if the defence elects to file them, are due October 19. Paper committal proceedings begin November 16.
It is tempting to read remand alongside full disclosure as a verdict already reached — proof the State believes it has the men who caused the deaths of 73 people. That reading gets the law wrong. Disclosure is a procedural threshold, not an evidentiary judgment; remand at this stage reflects the gravity of a murder charge, not a magistrate’s assessment of guilt. Committal, when it comes, is the first point at which sufficiency of evidence is actually tested. Nothing in Tuesday’s hearing settles that question, and this Board will not pretend otherwise.
But the premise does not need to be sound for the underlying accountability question to be. Strip the guilt-by-remand logic away and a harder, cleaner question remains: at the moment the State alleges these three men committed a crime rather than presided over an accident, all three were in the employ of the State. What follows from that — for the employer, not merely the employed?
TWO TRACKS, DELIBERATELY CONFUSED
The prosecution of Price, Roberts, and Granderson runs on one track: individual criminal responsibility, tested by evidence, decided by a court. Nothing this Board has published disputes the State’s right to bring that case or the DPP’s authority to advise it forward.
The second track — institutional and civil liability of the State as owner, employer, and regulator of the vessel — runs independently. It does not require a conviction. It does not require an acquittal. It does not require the murder theory to survive committal at all. It rests on a distinct and already well-documented set of facts this Board has been assembling since August: a defect-report paper trail spanning November 2025 to March 2026, urgent-marked mechanical and electrical failures acknowledged by the Shore Chief Engineer and left unresolved for months, and — most consequentially — a statutory framework that this Board has argued makes the State’s culpability a matter of law, not inference.
WHAT MILLINGTON ALREADY ESTABLISHED
Maritime scholar Robert C. Millington’s paper, “MV Barima and the Maritime Statute Book of Guyana,” reported by Kaieteur News, is not a moral argument for state responsibility. It is a legal one, built on the statute book itself, and this Board has covered its findings in detail. Two of them bear directly on the question raised by Tuesday’s hearing.
First: Section 3(3) of the Guyana Shipping Act deems MARAD’s Director the legal owner of state-registered vessels. This is not a metaphor for government responsibility — it is the positive law. The State is not merely the Transport and Harbours Department’s political overseer or Price, Roberts, and Granderson’s employer in the ordinary sense. Under Guyana’s own statute, the State is the vessel’s owner of record. Whatever duty of seaworthiness, maintenance, and safe operation the law imposes on a vessel owner, Section 3(3) places that duty on the State directly — not once removed through an employment relationship, but as the named legal owner.
Second: the “24-Metre Gap.” Regulation 5 of 2005’s stability and safety rules apply only to vessels under 24 metres; Regulation 6 of 2005’s cargo-ship rules explicitly exclude passenger ships. At approximately 40.26 metres, the Barima fell outside both regimes — subject to fewer statutory safety obligations than a small wooden vessel or a standard cargo ship. This was not a gap the crew created or could have closed. It was a legislative choice, unaddressed for decades, that left a vessel carrying more than 170 passengers with a lighter statutory safety burden than boats a fraction of its size.
Millington’s paper adds further structural findings this Board has previously detailed: no statutory pre-departure headcount or passenger-log duty, unlike SOLAS Chapter III Regulation 27; a casualty-inquiry regime Millington describes as non-functional, with the 1883 Act excluding State vessels from its reach entirely; and a penalty structure that fines submerging a load line more heavily than sending an unseaworthy vessel to sea. None of these are failures of individual seamanship. They are failures of the statute book; authored, and left unrepaired, by the State.
THE PAPER TRAIL THE DEFENCE NOW HOLDS
The prosecution’s disclosure this week means Price, Roberts, and Granderson’s lawyers now hold whatever evidentiary record the State has assembled against them. This Board has already published, independently, a documentary record the CoI itself has not yet accounted for in public: handwritten defect and repair reports dating from November 2025 through March 2026, several marked urgent, several acknowledged in writing by the Shore Chief Engineer days or weeks after they were filed, describing a generator out of service, a main-engine heat exchanger running 20 degrees above a comparison engine, a leaking exhaust venting into the engine room, and — as late as March 9, 2026, four months before the sinking — a captain’s own correspondence listing a leaking hatch pipe, a broken passenger toilet, and a damaged wheelhouse window still awaiting repair.
If the prosecution’s case rests in any part on the condition of the vessel that night, the defense now has standing to ask a question this Board has been asking since August: who received these reports, who had authority to fund and order the repairs, and why urgent-marked defects went unresolved for months under a chain of command that ran through MARAD and the Transport and Harbours Department — not through the bridge.
WHAT THIS BOARD IS NOT ARGUING
This is not an argument that Price, Roberts, or Granderson are innocent, nor that they are guilty. That determination belongs to the committal process beginning November 16 and, if the matter proceeds, to trial. This Board takes no position on the strength of the prosecution’s evidence, which it has not seen.
It is an argument that the criminal case and the question of State liability are not substitutes for one another, and that the government’s silence on the second while it prosecutes the first is itself worth scrutiny. A State that names its Director of Maritime Administration the statutory owner of a vessel, staffs and regulates that vessel’s operation, receives urgent defect reports across eight months without resolving them, and then charges three of its own employees with murder for the vessel’s sinking, has not thereby discharged its own exposure. It has, if anything, sharpened the question of why the charge sheet stops where it does.
A STANDING DEMAND
This Board renews and consolidates its formal calls on this point:
That the Attorney General’s Chambers state on the public record whether the State, MARAD, or any official above the rank of the three currently charged is or has been under investigation in connection with the disaster.
That the Commission of Inquiry, whose mandate this Board has confirmed explicitly includes institutional failures, be asked directly whether it is examining Section 3(3) ownership liability and the 24-Metre Gap as causes, not merely as regulatory background.
That government clarify whether any civil claim against the State by victims’ families is being treated as foreclosed, deferred, or actively contemplated — and, per this Board’s prior reporting on the Transport and Harbors Act’s Section 23 limitation period, that the six-month clock said to run toward a January 2027 bar be suspended pending the CoI’s conclusions.
The men in the dock on September 9 answer for what the State alleges they did. The State has yet to answer for what its own statute book says it already was: the owner of the vessel that sank.
— The Board


















