Chief Justice Navindra Singh yesterday cleared the way for lawsuits filed by relatives of children who died in the Mahdia Secondary School dormitory fire to proceed, dismissing an application by Attorney General Anil Nandlall SC that sought to have the matters struck out.
The Attorney General had argued that the claims should not continue because settlements had already been reached with the families, who each received $5 million in compensation from the State following the 2023 tragedy.
However, the Chief Justice found that the cases raise significant legal and constitutional issues that require full consideration by the Court.
In delivering his ruling, Justice Singh said there are important questions surrounding the settlement agreements, including whether the persons who signed them had the legal authority to do so on behalf of the estates of the deceased children and whether those agreements could extinguish constitutional claims.
The administrators of the estates of 13 of the victims, represented by attorney-at-law Darren Wade, are seeking constitutional and negligence-based damages. They contend that the State breached its duty of care and violated the constitutional rights of the children who perished in the fire.
While refusing to strike out the claims, the Chief Justice noted that the settlement agreements remain relevant and may still form part of the State’s defence as the matters progress.
The Court has since converted the proceedings into Statements of Claim and established timelines for the filing of additional documents.
The claimants are seeking declarations that the State acted negligently, breached its duty of care, and violated the children’s fundamental rights. They are also seeking substantial monetary compensation.
Twenty children died and several others were injured when a fire swept through the girls’ dormitory at the Mahdia Secondary School on May 21, 2023. A subsequent investigation ruled that the blaze was deliberately set by a female student after a dispute with dormitory staff. The tragedy shocked the nation and sparked widespread concern about the safety, security and living conditions at school dormitories across the country.
The 20 victims of the fire were Subrina John, Belnisa Evans, Loreen Evans, Bibi Rita Jeffrey, Lisa Roberts, Tracil Thomas, Delecia Edwards, Lorita Williams, Natalie Bellarmine, Arianna Edwards, Cleoma Simon, Martha Dandrade, Mary Dandrade, Omerfia Edwin, Nickleen Robinson, Sherlyn Bellarmine, Eulander Carter, Andrea Roberts, Sherana Daniels with the youngest being five year old Adanye Jerome.
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