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Mahdia dorm fire: Lawyer asks DPP to withdraw 20 murder charges against teen client
…threatens legal action
Some of the children who were killed in the Mahdia Secondary School female dormitory fire
Kaieteur News – Attorney-at-Law Dexter Todd has threatened legal action against the Director of Public Prosecution (DPP) Shalimar Ali-Hack, SC, and the State if the 20 murder charges in relation to the Mahdia Secondary School’s female dormitory fire, against his 15-year-old client are not withdrawn.
Attorney-at-Law, Dexter Todd
Director of Public Prosecutions (DPP), Shalimar Ali-Hack, SC
The 15-year-old girl is presently on remand at the Juvenile Holding Centre, located in Georgetown. She was not required to plead to the indictable charge which alleges that she murdered 19 girls and a 5-year-old boy.
Todd’s basis for wanting the charges withdrawn were highlighted in a letter he wrote to the DPP. According to a letter seen by this publication and dated August 3, 2023, Todd is contending, “there is absolutely no evidence that could support a charge of murder much less to secure a conviction against our client.”
The lawyer’s letter came after receiving full disclosure of the evidence the State has against his client.
Todd noted that the offence of murder requires two main elements to be fulfilled, mens rea (mental element) and actus reus (physical element).
He said in his letter, “None of the witnesses placed our client in the area in which the fire started, none of them stated that they saw her light the fire, none of them stated that she accepted responsibility for the fire, none of them said they saw her walking or running from the area where the fire allegedly started prior to the great blaze…”
As such, Todd contended that the State’s case against his client is based on circumstantial evidence. He also pointed out that the State has no forensic evidence against his client.
Given that the next hearing of the matter is September 1, 2023, Todd said that he hopes the matter is withdrawn against his client before the next court date. He said, “It is a great injustice to have this innocent 15-year-old young lady in a holding center for an offence in which the prosecution has no likelihood of success. The next date set for this matter is September 1, 2023, at 9 am before the Mahdia Magistrates Court. We do hope that you could request and review this file before this date.”
Moreover, the lawyer threatened legal action against the DPP and State if the charges are not withdrawn against his client.
He said, “Please note that should this charge not be withdrawn against our client and it goes the full length, we will be forced to institute civil and constitutional proceedings against the Office of the DPP and the State, seeking certain order, declaration, and substantial damages.”
According to reports, around 23:00 hours on Sunday, May 21, 2023, the fire erupted at the dormitory. The Guyana Fire Service (GFS) reported that the point of origin of the fire was in the south-western interior of the building, in the lavatory area. The Guyana Police Force (GPF) said that the fire was maliciously set.
Todd’s client is facing murder charges for the death of Adonijah Jerome, Tracil Thomas, Lisa Roberts, Delecia Edwards, Lorita Williams, Natalie Bellarmine, Arriana Edwards, Cleoma Simon, Subrina John, Martha D’Andrade, (and twin) Mary D’Andrade, Belnisa Evans, Loreen Evans, Omerfia Edwin, Nickleen Robinson, Eulanda Carter, Andrea Roberts, Rita Jeffrey and Sherana Daniels.
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