Court refuses applications by State in case filed by mother of Mahdia fire victim

May 28, 2025 News

— clears way for default judgment

Kaieteur News- A high court judge has refused an application by lawyers for the state to consolidate the matters filed by Valerie Carter, who lost her 14-year-old twin girls in the horrific Mahdia School Dormitory fire. The court also denied a request by the lawyer, C.V. Satram, the state’s legal representative, for relief from sanctions, given a failure to file their defence in the time prescribed by the Civil Procedure Rules.

Court refuses applications by State in case filed by mother of Mahdia fire victim

Martha D’andrade and Mary D’andrade

The ruling was handed down by Justice Simone Morris last week. The judge denied an order of consolidation on the basis that the matters are already in the litigation process before two separate judges. The application for an extension of time to file a defence related to the lawsuit, which seeks over $900 million over the negligent deaths of one of the twin girls, was denied, in addition to the lawyer’s request for relief from sanctions.

According to documents seen by this newspaper, the application failed to satisfy the grounds that allow for extension of time to file a defence and the request for relief from sanctions.

The document stated, “The record reveals that service of the statement of claim was effected on February 21, 2025. The time prescribed for filing a defence expired on 3rd April, 2025. The application [for extension was filed on May 7, 2025], more than a month after the expiration of the time limited for filing a defence and no circumstances were pleaded or are disclosed to establish that it was impractical to seek an extension prior to that prescribed time expiring.”

The document continued, “The explanation advanced [by the lawyer] was related to failure to file the defence within the prescribed time prohibits the granting of extensions in such cases. In any event, the mandatory requirements of Rule 27.02 (1) and (3) (b) of promptness and a good explanation for the failure regarding the granting of relief from sanctions were not satisfied.”

As a consequence, the court ordered counsel for Ms Carter, mother of the deceased teenager, Renee Marcus of Eusi Anderson Chambers, to submit an application for default judgment.

Earlier this year, Carter initiated proceedings against the state, claiming over G$900 million in compensation for the death of her daughters.

According to a press release issued by her attorney, Eusi Anderson, the aggrieved mother is claiming that she was coerced into accepting a paltry GYD$5 million from the state as compensation for her daughters who died in the fire along with 18 other children.

According to Anderson, his client had approached the court to have the GYD$5 million settlement agreement declared null, void and of no legal effect because of the duress, undue influence and pressure exerted on her by the Attorney General (AG), Anil Nandlall SC, and other named state actors by way of declarative remedies.

This decision allowed Carter to institute two claims to get “real compensation” for the death of her daughters. He explained that had the first $5 million compensation agreement not been withdrawn, the institution of the two $900 million actions would have been defeated by an agreement which stood as lawful and of legal effect touching and concerning the same issue.

This action cleared the way for the matters to be heard before Justices Gino Persaud and Simone Morris.

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