Government ferries do not require seaworthiness certificates – COI counsel

Government-owned and operated ferries, including the MV Barima, do not require certificates of seaworthiness to operate, according to counsels for the Presidential Commission of Inquiry into the vessel’s sinking.

When asked to elaborate, Attorneys Arundrinod Gosai and Tenny Husti told the Department of Public Information (DPI) that this legal position arises under the Transport and Harbours Act and its regulations and has applied since Guyana gained independence in 1966.

The clarification follows questions put to Captain John Flores during Thursday’s hearing about the documentation supporting government ferry operations.

A commissioner questioned Flores about safety certificates, load line certificates, stability documentation, loading manuals and inclining-test records. He was also asked how government ferries were permitted to operate when basic documentation was unavailable.

Flores, the former Director of Maritime Safety, said he was uncertain about the legal requirements applicable to those ferries.

The Commission subsequently paused the line of questioning after advising Flores of his right to seek legal representation. Flores agreed to seek clarification of the legal issues raised by the commissioner and requested additional time.

Commissioners asked him to return prepared to assist in establishing whether an exemption existed and how it operated under Guyana’s laws.

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