Survivors of Mahdia fire victims sue State for GY$16.5 billion

Last Updated on Wednesday, 26 March 2025, 22:08 by Writer

The surviving family members of 11 of the Mahdia Secondary School children, who were burnt to death almost two years ago, have sued the State for a total of GY$16.5 billion for loss of life, distress, and negligence.

According to lawsuit filed on Sunday, in the High Court, the 10 parents are also asking the High Court to declare that the State breached its duty of care; its actions and omissions in relation to the injuries sustained by the deceased constitute a breach of their fundamental rights to life and protection under the law.

 Twenty children died in the fire that broke out in the school’s dormitory on May 21, 2023 and lasted until the following day. 

Through their lawyer, Darren Wade, the parents are also asking the High Court to declare that the confinement of the now dead students behind locked grills, with the doors and windows padlocked from within, preventing them from leaving the building and leading to their deaths in a fire, constitutes torture, inhumane and degrading punishment, and a violation of fundamental human rights under Article 141 of the Constitution of the Cooperative Republic of Guyana; a breach of their fundamental rights and liberty, specifically the freedom of movement, and that their deaths were the result of the negligence of the State of Guyana.

In terms of monetary awards being sought, the 10 applicants are seeking ordinary damages of more than GY$500 million for the deaths of each of the 11 children; GY$500 million for each child, in light of the emotional and psychological distress caused by the actions and omissions of the State, and GY$500 million exemplary damages for each child, in order to deter the Respondent from engaging in such reckless, negligent, and inhumane conduct in the future.

Grounds for the application include that the State breached this duty by failing to implement proper safety measures, including fire extinguishers, sprinklers, and fire sand buckets, and adequate security, access control, and an evacuation plan for the dormitory.

The claimants also say the dormitory further lacked proper ventilation, with doors padlocked and windows grilled, which exacerbated the danger during the fire, and that the authorities responsible failed in their duty to ensure that the dormitory had properly trained and adequately staffed personnel to supervise the students.

“The direct and foreseeable consequence of the State’s failure to uphold its duty of care was that barriers trapped the students inside the burning dormitory, leading to tragic and avoidable deaths. The failure to ensure proper fire safety mechanisms, including accessible exits, directly resulted in the loss of the children’s lives due to smoke inhalation and burns,” they say.

“The grill doors and windows, as well as the prevention of exits, were measures implemented by the State to restrict the movement of the girls who occupied the dormitory, particularly at night, without considering the critical need for fire safety and emergency evacuation procedures,” they added.

According to the Court documents, several months prior to the deaths of the children, the Fire Service informed the State of the impending danger. Despite this, the State took no steps to correct deficiencies in fire safety measures. “This failure directly contributed to the tragic incident.

The court document states that on July 3, 2023, a meeting took place with the Attorney General, Mr. Anil Nandlall, in Mahdia, Region 8, Upper Takatu Upper Essequibo. They say he encouraged them to sign the agreement, indicating that it was part of several initiatives that the Government was offering.

However, they say that the purported agreement has no legal effect on the estate of the deceased, as they lacked the necessary authority to enter into such an agreement on behalf of the estate. Through his lawyer, Mr Cornel Edwards said he specifically asked the Attorney General if they could take the agreement and return with a proposal. The Attorney General responded, saying “No,” and further stated that the Government should not be giving them anything. The funds for the children, Ariana Arlene Edwards and Delecia Tramaincy Edwards, were given to their aunt.

The court papers say that before signing the purported agreement, the family did not have any independent legal advice.

The now deceased children named in the lawsuit are Ariana Arlene Edwards, Delecia Tramaincy Edwards, Cleoma Makeba Alicia Simo, Lorita Raymean Williams, Nicholeen Natasha Robinson, Andrea Cynthia Dorian Roberts, Lisa Roberts, Shorlin Bellarmin, Thracial Angelica Thomas, Sherana Emilla Valeanna Daniels, and Natalie Shanta Bellarmin

The deceased are each represented by a parent, after Justice Nicole Pierre appointed them to be responsible for their late children’s interests.

Cornel F. Edwards is the father of Ariana Arlene Edwards and Delecia Tramaincy Edwards; Glen Rosie Thomas is the mother of Cleoma Makeba Alicia Simon; Tinekha Prince is the mother of Lorita Raymean Williams; Suelyn Katie Roberts, also known as Shelyn Katie Roberts, is the mother of Nicholeen Natasha Robinson; Cinty Prince is the mother of Andrea Cynthia Dorian Roberts; Monica Roberts is the mother of Lisa Roberts; Leandra Bellarmine is the grandmother of Shorlin Bellarmine and was her guardian at the time of her death; Joycelyn Jerry Thomas is the mother of Thracial Angelica Thomas; Celis Daniels is the mother of Sherana Emilla Valeanna Daniels, and Deborah Andrea Bellarmine is the mother of Natalie Shanta Bellarmine.