President Irfaan Ali outlined on Sunday the Terms of Reference (ToRs) that the five-member Commission of Inquiry (COI) into the MV Barima tragedy will adhere to.
The Head of State stated that the CoI will establish the full circumstances surrounding the tragedy, including the causes and all other factors relating to the loading of the vessel, the boarding of passengers, conditions on board, the capsizing and sinking of the MV Barima and any other related matters.
The ToRs specify that the five-member body will conduct a comprehensive review of all aspects of the search, rescue and recovery operations. This includes the adequacy, coordination and effectiveness of the response by all agencies and stakeholders involved.
The COI is also mandated to evaluate the extent to which applicable laws, regulations, standards and operating procedures governing ferries were complied with.
Another critical component of the CoI’s work will entail determining whether any acts of negligence, misconduct, dereliction of duty, or other failures by any individual, entity or institution contributed to or caused the disaster.
The investigation is expected to inspect the condition and maintenance history of the vessel, including its seaworthiness. It will also analyse the influence of weather, sea conditions, tides, currents, navigation, communications and other environmental or operational factors that may have contributed to the incident.
The question of competence, qualifications, training and conduct of the vessel’s master and crew, including compliance with established maritime safety and emergency procedures will also be addressed in the CoI.
Notably, the CoI will scrutinise passenger management, including embarkation procedures, manifest preparation, the possible overcrowding of the vessel, the stowage of cargo, the availability and use of life-saving equipment, and adherence to passenger safety requirements.
The five-member CoI will also recommend any legislative, regulatory, institutional, and operational reforms, together with any other measures necessary to strengthen maritime safety, improve emergency preparedness and response and reduce the likelihood of similar tragedies occurring in the future.
The CoI will be chaired by Justice Godfrey Phillip Smith of Belize. He currently serves as the CARICOM High-Level Representative for Law and Criminal Justice and as an Ad Hoc Justice of the Eastern Caribbean Court of Appeal.
Other members of the CoI include Dr Andrzej Jasionowski of Poland, a naval architect and marine engineer, and Captain Hamada Fouda, Senior Maritime Surveyor and Compliance Auditor at the Maritime Authority of Jamaica.
Also appointed to serve are Ms Nyree Dawn Alfonso of Trinidad and Tobago, an attorney-at-law with expertise in Admiralty and Maritime Law and Rear Admiral (Ret’d) Hayden Pritchard of Trinidad and Tobago, an expert in Maritime Operations and Security.
President Ali stated that the necessary legal instruments required to give effect to the CoI are currently being formalised. Upon completion, the Commission will commence its work in accordance with the provisions of the law.