Let the COI work on the MV Barima tragedy

Dear Editor,

Standard procedures dictate that the President consult with his lead Legal Advisor, and I am surmising that this tandem has always been in operation. The latest example of this salutary camaraderie is in the aftermath of the MV Barima tragedy^[1]. Read on please.

Succinct. Terse. For sure very comprehensive are the words from President Irfan Ali, who, concerning the MV Barima tragedy, emphatically said “Let the COI work,”^[2] as it is this Commission of Inquiry (COI), who will “… probe the MV Barima tragedy^[1] (and subsequently) will determine what actions the Government will take.” Ali, yet again, was forced to iterate what he expounded from the very inception, since in a most puerile manner, “… calls are mounting for Public Works Minister Juan Edghill, whose office oversees the maritime sector, to be removed from office following the deadly ferry accident.”

First comment, even as my irritation keeps mounting, it is that we must all recall that the collective opposition, spearheaded by the likes of David Patterson, Aubrey Norton and Azruddin Mohammed etc., were ‘vehemently screaming’ for an immediate COI by MARAD, the local governing body in this domain. Keep in mind, Readers, that the Maritime Administration Department (MARAD) has direct statutory responsibility for the MV Barima disaster, and therefore possible collusions and colloguing immediately lurk, should the said MARAD investigate anything. It is simple ABC. A tragedy, being investigated by that same agency that has oversight duties for vessel seaworthiness and safety compliance, will be a farce.

Now on this note, Minster of Legal Affairs, the Attorney General, Anil Nandlall, went viral, as he expertly detailed that the government will not risk any ‘Conflict of Interest’ and will move towards independence, transparency and a no-bias probe. This meant that, MARAD, legally tasked with regulatory oversight, statutory inspections, and issuing seaworthiness certificates, cannot (MUST NOT) independently review its own potential regulatory failures.

Again, let us remember the rampant, instantaneous outburst, stemming from the opposition, was for a ‘rapid-fire’ investigation from MARAD. Even now they are claiming that this can still go on, and it will not be redundant nor in conflict with the Presidential COI. Folly upon folly! Thus, like the AG really intoned, and as the President keeps repeating, “Let the COI work.”

As of now, and totally consistent with criminality, “… three Transport and Harbours Department (THD) employees have been charged over the deadly MV Barima tragedy.^[3] This is separate from the COI, albeit, it is related to the overall situation.

Secondly Editor, this COI comprises notable specialists. There is the head, Justice Godfrey Phillip Smith of Belize, a CARICOM High-Level Representative for Law and Criminal Justice and an ad hoc justice of the Eastern Caribbean Court of Appeal. Then there are four Commissioners, Captain Hamada Fouda, a senior maritime surveyor and compliance auditor with the Maritime Authority of Jamaica; Nyree Dawn Alfonso, an attorney-at-law with expertise in admiralty and maritime law in Trinidad and Tobago; Dr Andrzej Jasionowski of Poland, a naval architect and marine engineer who has advised on investigations into several major maritime disasters; and Rear Admiral (Retired) Hayden Pritchard, a maritime professional with decades of experience in maritime operations and maritime security from Trinidad and Tobago. Highly esteemed. Fully qualified!

Herein lie integrity, independence and ‘sufficiency’ of expertise, covering the gamut possible for the inquiry.

A nice footnote is that back in August 2004, Smith was part of the G-7 group of ministers who demanded the dismissal of Ralph Fonseca from the Cabinet and resigned when Prime Minister Said Musa did not meet that demand. Calibre of the highest mettle! Also, just last year, CARICOM Heads tasked this former Belize AG to review legislative templates and to come up with new legislative proposals for consideration by the Heads for changes to be made on the legislative side for a holistic and region-wide approach to violence and crime as a public health issue.

So, this should settle all matters. Really? NO and WHY?

It is that Attorney-at-law Javed Shadick was appointed Secretary to the Commission of Inquiry^[4], and his ‘duties will be totally a voiceless one’ as he was appointed by the President “… to attend the sittings of the commission to record their proceedings, to keep their papers, summon and minute the testimony of witnesses, and generally to perform such duties connected with such inquiry as the commissioners shall prescribe, subject to the directions, if any, of the President (of the COI).”

Editor, I sense a ‘lost cause’ regarding what will be the findings of this august body, carefully appointed by the President and well-explicated by the AG. They, the ‘accusers of the PPP Government) are getting more than they could have imagined, and since a MARAD probe may have redounded to doubts, removing MARD has left the opposition in a major quandary. They are looking for excuses and escapes in advance. Now with the Presidential COI, it will most distasteful and disrespectful to even mount a challenge with finding that shall be made public. So now, the ‘recorder’ of minutes, Javed Shadick, without any influence in the COI, is seemingly the loophole for these inane rabble rousers.

Let me top off things here by reinforcing how fearless, wise and accommodating the President and the AG are in this matter. As can be seen, the composition of the COI radiates brightly “… the highest standards of professionalism and impartiality.” Together the team members possess “internationally recognized expertise in law, marine engineering, maritime operations, maritime regulation, and disaster investigations” This means that their exposure and experience will enhance the credibility and thoroughness of the inquiry.”

Lets us now wait.

References

1. Unravelling the murder charges in the MV Barima tragedy — guyanatimesgy.com ↩
2. MV Barima tragedy: “Let the CoI work” – President Ali - Guyana Times — guyanatimesgy.com ↩
3. Three T&HD employees charged with murder in MV ... — www.guyanastandard.com ↩
4. Javed Shadick to serve as secretary of MV Barima inquiry, report due in two months - Ignite News — ignitenews.com ↩