The two captains of the boats which collided in the Mazaruni River back in 2013, claiming the lives of 10 persons have both been found not guilty of causing the deaths.
Following deliberations yesterday afternoon, a jury unanimously acquitted both Cabesh Persaud and Devon Thomas on all 10 counts of manslaughter.
The former accused both expressed their gratitude to the jury for their verdicts.
Justice Simone Morris-Ramlall who presided over the trial at the High Court in Suddie, Essequibo, then informed the visibly relieved men that they were “free to go” and admonished them to “stay safe.”
The allegation against Persaud called “Dube” and Thomas called “Beast” had been that on January 22nd, 2013 at Crab Falls in the 
Mazaruni River, Essequibo, they dangerously steered their boats and unlawfully killed Ricky Bobb, Keanu Amsterdam, Deon Moses, Kevon Ambrose, Christopher Ramnarine, Zahir Baksh, Jewan Seeram, Ulrick Grimes, Jermaine Calistro and Brazilian national Francisco Olivera Alves.
During the trial, the jointly-charged duo had described the tragedy as a “mishap” for which they had advanced they should not be held liable; though individually they had each blamed the other for the collision.
At the close of the prosecution’s case, Thomas in leading his defence last Thursday, had said that he had never been involved in an accident in all of the seven years he had been a captain; and told the jury that as a licensed captain, he always ensured he observed the rules and regulations associated with his job.
He had said that as he was coming downstream on the day in question and approached the falls, he noticed Persaud’s boat which was required to decrease its pace since it was going upstream, proceeding at a fast rate.
Thomas had told the jury in his unsworn testimony that the boat which he operated was outfitted with two 75-horsepower Yamaha engines, and that he was not going at a fast pace when Persaud’s boat which was operated by two 200-horsepower engines collided with his.
He had said that as he saw Persaud approaching a short distance away from gaps between the bushes as he approached an island where the collision occurred at a blind turn, he (Thomas) kept to his starboard side as he was required to do in accordance with maritime rules and regulations.
Thomas had said that as he navigated the blind turn he held to the starboard side as he would have been required to do in order to avoid any potential collision, but that Persaud’s boat nonetheless steered straight into his.
Thomas had told the court that he had plied the Bartica to Puruni route for years and was very familiar and experienced navigating the Crab Falls area where the collision occurred and had never before gotten into any accident.
“I am still heartbroken and sad for the loss of life,” he had said, while recalling that all of the persons who perished on that fateful day were regular passengers of his whom he knew and that the tragedy still disturbs him. “I wish I could bring them back every day because that sadness lives with me,” the man said in a soft tone, while adding, “I am not guilty of this charge.”
Meanwhile, leading his defence in sworn testimony, Persaud, who also contended that he was not going at a fast rate and that it was Thomas’ boat which collided with him, would also go on to admit that he was not licensed as a captain though he had been piloting the vessel.
Responding to questions from his attorney Dexter Todd, Persaud admitted that at the time of the collision he was only licensed as a bowman and was not certified as a captain. He would then agree under cross-examination by Thomas’ attorney—Roger Yearwood—that without a steer man’s licence he had no competence to have been operating in open waters.
He had said that as he negotiated the turn on the day in question, Thomas’ boat came into contact with his, completely severing his bow. Persaud contends that he was not speeding but admits that he was going about 60 miles per hour.
Detective Sergeant Kenneth Felix had testified that that pace would have been too fast to navigate the particular area at which the collision occurred.
A passenger of Persaud’s boat—Brian Archer—had also testified that Persaud was going extremely fast and as he negotiated the blind turn, did not decrease the speed at which he was piloting the boat all along.
Yearwood suggested to Persaud that he ought to have been alerted of Thomas’ boat approaching by the screams which Archer said passengers belted out but Persaud maintained that he was unaware of the oncoming vessel.
Persaud would go on to agree with Yearwood that he lacked the necessary competency required for piloting the boat; while confirming that it was only in February of this year that he was awarded his steer man’s licence.
The jury then enquired from Persaud through its foreman, “why is it you operated the boat at the time knowing full well that you were not licensed. Were you doing a favour for someone?”
The accused in response said that he could not quite recall but surmised “ah think something de come up and de captain couldn’t ah mek it heself.”
The collision is said to have occurred at about 12:30 on the night in question at Crab Falls; between the `Dube’ and `Mattrani’, in the Mazaruni River.
The `Dube’ which was heading to Puruni was helmed by Persaud, while the `Mattrani’ which was destined for Parika was steered by Thomas.
In her address to the jury at the commencement of the trial, Prosecutor Tiffini Lyken had said that those who perished were all passengers of the `Mattrani.’
