More parents of Mahdia dorm fire victims sue State

Apr 04, 2025 News

Kaieteur News- Two more parents have filed lawsuits against the Government for their children who died in the horrific school dormitory fire at Mahdia, Region Eight.

Last month, ten parents filed an almost identical claim against the State, claiming billions for the loss of lives.

In their claim, the parents, Delphia Elda Toney and Onica Felicia Edwin, stated that the deceased children, Eulanda Luciannie Toney and Omefia Felicia Edwin, lost their lives tragically in the Mahdia School Dormitory on May 22, 2023.

The parents are asking the Court to grant a declaration for ordinary damages of at least $500 million for each child who perished in the incident. The claimants also want aggravated damages in excess of $500 million for each child, in light of the emotional and psychological distress caused by the actions and omissions of the State of Guyana.

They are also seeking exemplary damages in excess of $500 million for each child, in order to deter the respondent from engaging in such reckless, negligent, and inhumane conduct in the future.

The lawsuit, filed by attorney Darren Wade, stated that the parents are suing for inter alia, loss of life, distress, and negligence.

According to documents, the claimants are seeking declarations from the Court that the confinement of the now dead students behind locked grills, with the doors and windows padlocked from within, constitutes torture, inhumane and degrading punishment, and a violation of fundamental human rights under Article 141 of the Guyana Constitution; a breach of their fundamental rights and liberty, specifically the freedom of movement.

At the time of their deaths, the children were under the care, custody, and control of the State of Guyana at the student dormitory at the Mahdia Secondary School, located in Mahdia, Region #8.

According to the claim, the State of Guyana had a duty to ensure the safety and wellbeing of the children and all other occupants in the dormitory. The dormitory was locked from the inside, heavily grilled and padlocked with no emergency exit, preventing the students from escaping.

The claimants explained that the State had a positive duty to ensure that all persons under its care and custody were in a safe and protected environment. “The State breached this duty by failing to implement proper safety measures, including: fire extinguishers and sprinklers and fire sand buckets,” the document stated.

Additionally, the claimants noted that the State breached its duty by failing to provide adequate security, access control, and an evacuation plan for the dormitory.

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

According to the lawsuit, 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,” it said, “was to ensure proper fire safety mechanisms, including accessible exits, which directly resulted in the loss of the children’s lives due to smoke inhalation and burns”

The distraught parents of the deceased children met with the Attorney General Anil Nandlall in Mahdia, Region 8, Upper Takatu Upper Essequibo. At that time, the tragedy was recent, and they were still in deep grief.

According to the document, despite this, they were encouraged by the Attorney General to sign the agreement with the indication that it was part of several initiatives that the Government was offering to them. However, they said 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.

(More parents of Mahdia dorm fire victims sue State)

Discover more from Kaieteur News

Subscribe to get the latest posts sent to your email.

Latest News