On Tuesday, 28 July 2026, Guyana’s top prosecutorial official Shalimar Hack, Director of Public Prosecutions (DPP), has stood by the decision to file murder charges against three crew members of the ferry MV Barima, while openly acknowledging the vessel had critical flaws in its navigation and safety infrastructure. The case has sparked sharp debate over the legal grounding of the charges and their potential impact on an upcoming independent public inquiry into the tragedy.
Hacking explained that the decision to pursue murder charges followed a comprehensive review of available evidence, applicable legal principles, binding precedent from the United Kingdom, Commonwealth legal jurisdictions, the European Court of Human Rights, and broader public policy priorities. Notably, she did not directly address the core legal requirements for a murder conviction: proving criminal intent and malice aforethought against the three accused — 40-year-old captain Kevin Price of Melanie Damishana, East Coast Demerara; 42-year-old chief mate Rondell Dwayne Roberts of Grove Public Road, East Bank Demerara; and 33-year-old goods superintendent Delon Granderson of Fellowship, West Coast Demerara.
Earlier the same day, defense attorneys Nigel Hughes and Darren Wade publicly raised urgent concerns over what they described as the fundamental weakness of the murder charges. The pair also questioned the timing and motive of the charges ahead of the upcoming Commission of Inquiry (COI), which will be led by a panel of Caribbean and international maritime experts.
In a public Facebook post, Hughes outlined a key critique: if the three accused are formally charged with murder, they are likely to exercise their right to remain silent during the COI, out of concern that any testimony they give could be used as evidence against them in the subsequent criminal trial. This would leave critical questions about the tragedy unanswered before the inquiry, he argued.
Hacking pushed back against these concerns, emphasizing that the upcoming independent inquiry established by Guyana’s President will not interfere with the criminal prosecution. She noted that parallel proceedings have functioned successfully in previous high-profile Guyanese cases, including 2018 piracy charges connected to the Berbice incident and fraud charges stemming from the 2020 Regional and General Elections, pointing to precedent for simultaneous processes.
“Given the unprecedented magnitude of this matter, coupled with public interest factors, the prosecution will be conducted with due consideration of the work of the Commission of Inquiry,” Hack added.
Under Article 187 of the Constitution of the Cooperative Republic of Guyana, the Office of the Director of Public Prosecutions is an independent body that operates free from direction or control by any other government authority or individual. The DPP holds statutory authority to initiate and oversee criminal proceedings against any person accused of violating Guyanese law, and maintains full control over all such prosecutorial processes.
In line with these constitutional powers, Hack confirmed that her office conducted a full review of the investigative file compiled by the Guyana Police Force into the MV Barima tragedy, and formally advised law enforcement to file the murder charges that are now the subject of public controversy.