No compensation offered to MV Barima victims, families – Attorney General

…condemns reckless, malicious claims of financial offers

Attorney General and Legal Affairs Minister Anil Nandlall has made it clear that the Government of Guyana has not offered any financial compensation to the survivors or families of the victims from the MV Barima tragedy. “It is important to emphasise that at this stage, no financial offer of compensation has been made to any survivor or family. Statements that a specific sum has already been offered to any person is wholly untrue,” Nandlall declared.

He was at the time responding to what he describes as reckless, inaccurate and malicious allegations by persons including United States-sanctioned and indicted Opposition Leader Azruddin Mohamed, that the government was offering compensation to the victims of the MV Barima tragedy.

In rejecting these claims, the Attorney General explained the government had established the Hope, Empathy, Aid, Resilience and Trust (H.E.A.R.T) initiative as a national multi-sectoral response to the tragedy and to offer support to the survivors and families of the victims.

It is made of up professionals offering different services including therapy, counseling, medical services and legal services, among others. The legal aspects of this initiative are being handled by a team of qualified independent lawyers, led by former Attorney General of Belize and Senior Counsel Eamon Courtenay.

According to Nandlall, it is the lawyers attached to the H.E.A.R.T that have been engaging affected persons but not to make any financial offer. Meetings were held in Region Four as well as in Region One at Port Kaituma and Mabaruma, where majority of the victims are.

“I have been informed by the lawyers that much has been achieved in offering different forms of assistance to these persons. In relation to compensation…the persons who have met with the lawyers have been informed in writing, so they each have a letter, that their participation is voluntary, that they remain free to obtain independent legal advice, that they have also been advised that the terms and conditions applicable to any eventual payment will be set out in an agreement, should that arise,” the minister stated.

In fact, he pointed out that it was to avoid such allegations of undue influence, coercion or duress that the government assigned this responsibility to the team of independent lawyers, who have since labelled the claims of financial offers being made as false. They said such statements only serve to create unnecessary confusion, anxiety and mistrust among persons who are already attempting to navigate extraordinarily difficult circumstances.

Moreover, the attempts to tarnish the work of the lawyers volunteering under the H.E.A.R.T initiative were condemned.

“Professionals are sacrificing their time and their energy in this process, guided by different sentiments; no doubt, a national and patriotic compulsion to assist in a national tragedy. And you have reckless and irresponsible persons maligning the character of these people and spreading false information that this group of distinguished lawyers are going out there and attempting to dupe people,” the Attorney General contended.

Nevertheless, AG Nandlall went onto reiterate the malicious motives behind persons creating mischief, cautioning affected persons and relatives to be wary of those looking to take advantage of the.

“I’ve already warned those persons that they are likely to be duped by the lawyers out there who are canvassing for their retainer… So, if the survivors and relatives of the persons affected should be aware of a danger, perhaps that is the direction to which they must look. Because the government simply wants to assist and as far as possible help these people to bring closure to what must be an extraordinarily painful and agonizing period in their lives,” he asserted.

The MV Barima capsized and sank off the Essequibo Coast on July 18 while en route to Port Kaituma with some 179 persons onboard. At least 76 persons survived, 73 confirmed dead and the remaining persons are still unaccounted for.

A Commission of Inquiry (CoI) has been set up and is likely to commence hearing early October.

The five-member Commission, appointed on July 30, is chaired by Belizean Justice Godfrey Phillip Smith and includes Captain Hamada Fouda of Jamaica, Trinidadian Attorney-at-Law Nyree Dawn Alfonso, Dr Andrzej Jasionowski of Poland and Rear Admiral (Retired) Hayden Pritchard of Trinidad and Tobago.

In a public notice issued on Tuesday, the Commission advised persons wishing to participate in the proceedings to contact its Secretary, Javed Shaddick, at the Arthur Chung Conference Centre (ACCC), Liliendaal, East Coast Demerara (ECD). It noted that applications will be considered by the Commission, which may grant standing to persons who meet specified criteria.

According to the notice, standing may be granted where an applicant played, or may have played, a direct and significant role in matters being investigated, or possesses relevant evidence or information. The Commission will also consider applications from persons with a substantial, personal or direct interest in the subject matter, including witnesses, survivors and family members of victims.

Persons who may be subject to significant criticism during the proceedings or in the Commission’s final report may also qualify for standing. Further, the Commission may grant standing where it determines that a person’s participation would assist it in fulfilling its terms of reference.

Meanwhile, the government is currently reviewing three proposals – one international and two local – submitted to salvaged the sunken vessel. The successful bidder would have to ensure that the salvaged ferry is kept intact to be used as forensic evidence in the CoI.