The Mahdia dormitory fire Commission of Inquiry (CoI) will continue with its work, despite a request from attorney-at-law Dexter Todd for proceedings to be halted since the court matter involving his client is still to be concluded, Commission Secretary, Javed Shadick, told Stabroek News yesterday.
Shadick referenced Section 9 of the Commission of Inquiry Act and stressed that the CoI is fully autonomous and tasked with ensuring that the rights of minors are not violated.
According to the CoI Act Cap 19:03, subject to Article 47 of the Constitution, no proceedings shall be commended for any penalty under this Act, except by the direction of the commissioners. The commissioners may direct their secretary, or such other person as they may think fit, to commence and prosecute the proceedings for such penalty.
“We will continue our work… in that Act, there’s Section 9 which basically governs our work. And in that section, it says we can manage and make rules accordingly. So, from the inception, I had held a meeting and told everyone that this CoI will be different to the last one” he related to this newspaper.
“We know that children are involved and have to be protected. So, the rules governing this CoI, the Chairman and other members of the inquiry have sat down and made decisions. And we’re fully aware they have to protect children’s rights,” Shadick said.
“I have acknowledged Mr Todd’s case in point but we have to follow the statutes in the COI Act” he added.
Todd, the attorney representing the accused currently facing 20 murder charges in connection with the Mahdia dormitory fire, had written to the Secretary of the CoI on August 31, noting that his client had been remanded since the May 21 fire and full disclosure was completed in the matter on July 20, 2023 at the Mahdia Magistrate’s Court and the tendering of statements as well as the cross-examination of witnesses were set to commence on September 1st. “… we need not remind the Commission of what pretrial publicity is and the danger such an act can pose on any criminal proceedings, especially the instant one. We are constrained to highlight the fact, that should this Commission of Inquiry commence momentarily, it is guaranteed to be televised (nationally and internationally) thus putting a lot of sensitive information in[to] the public domain.”
“After this Commission of Inquiry has been completed, it is reasonable to conclude that our client will not have an untainted jury since a lot of evidence likely to be exposed by the Commission of Inquiry will also be ventilated at the preliminary Inquiry/trial,” Todd stated. He said it was for these reasons that he was asking the Commission to stay its proceedings. Todd anticipated a response within 24 hours, failing which he intended to serve notice of proceedings against the state to protect his client’s interests and rights. Todd released his letter to the CoI on Sunday, September 3rd.
On May 20, 2023, the fire claimed the lives of Sherana Daniels, twin sisters Mary and Martha Dandrade, Bibi Rita Jeffrey, Sabrina John, Loreen Evans, Belnisa Evans, Omefia Edwin, Natalie Bellarmine, Andrea Roberts, Lorita Williams, Nickleen Robinson, Sherena Daniels, Eulanda Carter, Lisa Roberts, Cleoma Simon, Tracil Thomas, and sisters Delecia Edwards and Arianna Edwards along with five-year-old Adonijah Jerome, the son of the caretaker. A number of the dorm’s residents hailed from villages outside of Mahdia.
President Irfaan Ali on August 10, appointed Major General (retired) Joseph Singh, as chair of the inquiry, including attorney-at-law Dr Kim Kyte-Thomas, and National Toshaos Commission Chairman Derrick John. According to the CoI’s Terms of Reference, the Commission will render its report, findings and recommendations to the President in writing within two months or within such other time as may be directed by the President, and conduct the inquiry continually at Georgetown and Mahdia or in any such other places as determined by the Commission.
