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Improper for Counsel to MV Barima COI to publicly comment on issues before it – Commissioners

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See full statement from the Commissioners on the Commission of Inquiry into the MV Barima tragedy: 

The Commissioners were on the 27th October made aware of an online publication dated the 22 October 2026 by the Department of Public Information (DPI) which reported that, “Government-owned and operated ferries, including the MV Barima, do not require certificates of seaworthiness to operate, according to counsels (sic) for the Presidential Commission of Inquiry into the vessels sinking.”

The publication further reported that, “When asked to elaborate, Attorneys Arundrinod Gosai (sic) and Tenny Husti (sic) told the Department of Public Information (DPI) that this legal position arises under the Transport and Harbours Act and its regulations and has applied since Guyana gained independence in 1996.”

The said press report has prompted emails and submissions to the Commission inquiring whether the statements attributed to Counsel to the Commission represent the Commission’s position and whether the Commission has made a determination that the M/V “BARIMA” was exempt from certification as to, amongst other things, seaworthiness and safety.

The Commissioners therefore provide the following clarification:

1. 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”; 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.

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

3. It is improper for Counsel to the Commission to publicly opine on issues the determination of which remains live before the Commission and resides exclusively within its Terms of Reference to determine.

 

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