Response to be issued to request for stay of Mahdia CoI – Shadick

Some of the Mahdia fire victims
Some of the Mahdia fire victims

Secretary to the Mahdia dorm fire Commission of Inquiry, Javed Shadick, on Monday confirmed receipt of Attorney at Law Dexter Todd’s request for a stay of the COI until all criminal proceedings are completed which involved his client, who is currently facing 20 murder charges.

 Shadick informed  Stabroek News that a response to Todd’s written request will be forthcoming.

Todd had written to the Secretary of the CoI, Javed Shadick on August 31, 2023, 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 intends 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 20th 2023, the tragic 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.

Appointment of COI background

President Irfaan Ali on August 10th, 2023 appointed Major General (retired) Joseph Singh, as chair 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. The inquiry must be held publicly with reservation nonetheless to the commissioners to exclude any person or persons as they deem fit for the conduct of the inquiry, the preservation of order or any other reason.

The Commission shall commence its work at a time determined by the Chairman. The Chairman shall take appropriate steps in ensuring that it completes its work and submits the report within the timeframe aforementioned. The Commission can also establish and regulate its own procedure for the conduct of the Commission of Inquiry and shall be governed by the provisions of the Constitution, the Commission of Inquiries Act, the High Court Act or any other relevant law.