The Commission of Inquiry (COI) into the MV Barima tragedy will begin its formal hearings on Wednesday, October 14, with more than 100 witnesses expected to testify as the Commission investigates the circumstances surrounding the vessel’s sinking.
“On Wednesday, (October 14) we plan to commence the first sitting of the commission here where we will start gathering evidence from persons who wish and who we would have processed,” Secretary of the Commission, Javed Shadick said.
Shadick made the announcement at a press briefing on Tuesday, outlining the Commission’s schedule ahead of the start of evidence-taking.
The hearings will be held at the Arthur Chung Conference Centre at Liliendaal, where the Commission Secretariat is based and will take place Mondays to Fridays from 9am to 4pm. Interpreters and counsellors will also be available where necessary.
According to Shadick, more than 100 witnesses are expected to testify before the Commission. He said the potential witnesses have been broadly divided into categories including first responders, officials, survivors and families of those who perished in the tragedy.
Despite a notice issued last week inviting persons with information to come forward, only one person, a survivor, has so far contacted the Secretariat indicating an intention to testify.
Counsel for the Commission are Teni Housty and Arud Gossai.
“Counsel for the commission will be interviewing persons who one, they believe may have some knowledge of events to answer questions towards the Terms of Reference,” Shadick said.
However, before the formal hearings begin, the commissioners will undertake a series of meetings and site visits. The Commission will formally begin its work at 10am on Wednesday, October 7, before meeting with families of survivors in Regions 3, 4 and 5 later that day.
The commissioners will visit the Kingston Wharf, MARAD and the Transport and Harbours Department on October 8, followed by visits to two dry-dock facilities on the East Bank of Demerara on October 9. They will also travel to Mabaruma and Port Kaituma on October 12 and 13, respectively to meet with survivors and families and visit wharf facilities.
Shadick stressed that these engagements will not form part of the formal evidence-taking process.
“These meetings are not evidence taking, they won’t be taking evidence. It will just be a meeting as the commissioners wish to reach out to them….At these meetings no evidence will be taken,” he said.
The Commission is tasked with establishing the full circumstances surrounding the MV Barima tragedy, including the causes and factors relating to the loading of the vessel, the boarding of passengers, conditions onboard and the capsizing and sinking.
It will also examine the adequacy of search, rescue and recovery operations, the vessel’s seaworthiness and maintenance history, and the competence of its crew. The inquiry will further determine whether applicable laws and operating procedures were followed and whether negligence, misconduct, dereliction of duty or other failures contributed to the disaster.
The Commission was initially given two months to complete its work but Shadick said an extension will be necessary as the evidence-gathering process is expected to take longer.
“The two months time frame would have to be extended because I think we could all do the maths and see that the two months are almost up so that would be extended,” he said.
Shadick estimated that the Commission’s work could take about six months, noting that the length of the evidence-gathering process will determine when the final report can be completed.
“The way it works is that all evidence taken is done I don’t know how long that is going to take and then the report is done afterwards so based on our initial estimate i think that maybe 6 months,” he said.
The five-member Commission is chaired by Justice Godfrey Phillip Smith of Belize and includes Captain Hamada Fouda, Nyree Dawn Alfonso, Rear Admiral (Ret’d) Hayden Pritchard and Dr. Andrzej Jasionowski.
Source: NEW ROOMS SITE
