By Marvin Cato | HGP Nightly News|
GEORGETOWN, GUYANA — The State has formally filed its defense in the High Court against multimillion-dollar civil proceedings brought by the families of victims of the catastrophic May 21, 2023 Mahdia Secondary School female dormitory fire, unequivocally denying all allegations of negligence, systemic failure, or constitutional violations.
In court documents submitted through Attorney General and Minister of Legal Affairs Mohabir Anil Nandlall, SC, the Government contends that the civil lawsuit is “specious, misconceived in law, and ought to be dismissed” in its entirety.
Core Grounds of the State’s Defense
The multi-point defense filed by the Attorney General’s Chambers argues that the fatal tragedy was not the result of state neglect or inadequate facilities, but rather the deliberate and criminal intervention of a third party:
Criminal Act as Sole Cause: The State highlights that comprehensive Guyana Police Force and Guyana Fire Service investigations confirmed the blaze was the direct outcome of a deliberate, intentional, and malicious act of arson committed by a student who was subsequently charged with 20 counts of murder.
Safety Protocols and Drills: The State asserts that required fire safety mechanisms were functional, emergency exits remained accessible, and student residents had been trained on emergency evacuation procedures through regular safety drills.
Rapid Emergency & Medical Response: The defense outlines that national medical response systems were mobilized immediately overnight, including the deployment of specialized clinical and trauma teams from the Georgetown Public Hospital Corporation (GPHC) via air charter to Mahdia, rapid aeromedical evacuations to the capital, and overseas emergency medical transfer—specifically facilitating advanced treatment for a critically burned student at Mount Sinai Health System in New York.
Financial Relief Packages and Motion for Dismissal
The court filings also catalog the state-funded ex-gratia financial relief packages disbursed directly to affected families following the tragedy:
Fatalities: Lump-sum payments of GY$5 million allocated to the family of each deceased student.
Critical & Severe Injuries: GY$3 million disbursed to each victim who suffered severe burns and injuries.
Minor Injuries: GY$500,000 allocated to surviving students sustaining minor injuries or psychological trauma.
The defense maintains that while surviving claimants remain eligible for state relief and ongoing support, the High Court cannot hold the Government legally liable in tort or under the Constitution for deaths and personal injuries arising from an independent, intentional criminal act. The Attorney General is consequently urging the court to strike out the claims with no order as to damages.
