— maintains safety measures were in place
Attorney General Anil Nandlall, SC has denied liability for the May 2023 Mahdia Secondary School dormitory fire, which claimed the lives of 20 children.
He argued that the State had observed its duty of care to the students and had put fire-safety measures in place.
The position is contained in a Defence filed on August 31, 2026, in the High Court in Demerara in response to an amended Statement of Claim filed on July 20, 2026. The proceedings involve the estates of several deceased students and the Attorney General of Guyana.
The estates of 11 children are among the claimants in the action.
They are Ariana Arlene Edwards, Delecia Tramaincy Edwards, Cleoma Felicia Edwin, Lorita Raymean Williams, Nicholeen Natasha Robinson, Andrea Cynthia Dorian Roberts, Lisa Roberts, Shorlin Bellarmine, Thracial Angelica Thomas, Sherena Emilla Valeanna Daniels and Natalie Shanta Bellarmine.
The State has denied the allegations contained in the claim and contended that the duty of care owed to the deceased students “were observed and upheld in accordance with established practices.”
It also denied that it created or permitted any danger to befall the students, maintaining that emergency escape measures were available and communicated through fire-drill training.
According to the Defence, a fire erupted at approximately 11 p.m. on May 21, 2023, in the female dormitory at the Mahdia Secondary School.
The State said school personnel, including the House Father and House Mother, took “swift and reasonable action” after being alerted by screams coming from the dormitory.
Several students escaped before the arrival of the Mahdia Fire Service, with assistance from school personnel and members of the public.
The Defence said the fire was reported to the Mahdia Fire Station at around 11:12 p.m. and firefighters subsequently proceeded to the scene.
It stated that the House Father, House Mother, firefighters and civilians rescued 28 people from the burning building. The students were rescued through doors and windows, as well as through a hole made in the wall.
According to the State, “a jet of water was also used to create a rescue path through these exits.”
The rescued students were taken to the Mahdia District Hospital for emergency treatment.
The Government said it then mobilised medical personnel and resources to assist with the evacuation of the injured to Georgetown.
Doctors from the Burns Unit and Emergency Room were assembled at Eugene F. Correia International Airport at Ogle for transportation to Mahdia.
The Defence stated that Government officials, including President Dr. Irfaan Ali, Home Affairs Minister Robeson Benn and National Security Adviser Captain Gerry Gouveia, were alerted to the fire, prompting swift arrangements for the evacuation of injured students.
By approximately 1:15 a.m. on May 22, President Ali, Prime Minister Brigadier (Ret’d) Mark Phillips, and other Government ministers were at Ogle Airport as preparations were made to transport medical personnel and supplies to Mahdia.
Doctors, nurses, pilots, flight crews, Guyana Defence Force personnel and other officials were mobilised as part of the response. Additional aircraft were dispatched, while the Roraima Airways hangar at Ogle was converted into an emergency operations centre.
The State said critically injured students were prioritised during the evacuation.
By approximately 3 a.m., the fire had been extinguished and firefighters discovered the bodies of 14 deceased persons in the female dormitory. Nineteen injured students remained at the Mahdia District Hospital, with 13 considered stable and six in guarded condition.
They were subsequently transferred to the Georgetown Public Hospital Corporation for further medical treatment.
The Defence also highlighted assistance provided to survivours and their families following the tragedy.
The Defence comes as the compensation dispute returns to the High Court, after Acting Chief Justice Navindra Singh previously ordered a full hearing rather than striking out the families’ claims.
The hearing is expected to examine the legal validity of the settlement agreements and whether the families were legally bound by the Government’s compensation offers.
The cases will next come up for a Case Management Conference (CMC) in November 2026.
It stated that relatives were transported to Georgetown, while accommodation, meals, transportation, medical care and other expenses were covered by the Government.
The State said facilities were also provided for medical, social and psychiatric support and counselling for survivours and families of the deceased. A Cabinet member was assigned to each affected family to ensure their needs were addressed.
The assistance included laptops, cellular phones, clothing, food hampers, school supplies, medication and other items. The Government also stated that it covered funeral and burial expenses.
On fire preparedness, the Defence said members of the Guyana Fire Service visited Government agencies in Mahdia, including the school dormitories, during the first week of October 2022.
The officers conducted fire-safety training, taught students and teachers how to use fire extinguishers and provided evacuation plans for the school and dormitories.
The State further said fire drills were conducted monthly at Mahdia Nursery, Primary and Secondary Schools.
The Defence also placed significant emphasis on the alleged cause of the fire.
The State contended that it did not expose the students to “any unreasonable, foreseeable or avoidable risk of death and serious bodily injury.”
Instead, it submitted that a Guyana Police Force (GPF) investigation found that the fire was caused by “the deliberate, intentional and malicious act of a third party” — a student housed in the female dormitory — following the confiscation of her cellular phone.
The Defence stated that the Director of Public Prosecutions (DPP) subsequently recommended that the student be charged with murder and that, by July 4, 2023, she had been charged with 20 counts of murder under the Criminal Law (Offences) Act.
The student was subsequently committed to stand trial in the High Court.
The State also outlined the financial assistance offered to families.
According to the Defence, the Government offered families of the deceased persons a lump-sum payment of $5 million, separate from assistance provided immediately after the fire.
The Defence stated that the Government offered lump-sum payments of $3 million to students whose injuries were deemed serious by medical doctors and $500,000 to those whose injuries were deemed less serious.
The assistance was offered in addition to the support provided immediately after the fire and was intended to help with ongoing medical treatment and medication outside public healthcare facilities.
The Government said independent legal advisers were retained to advise on the financial assistance, while the Attorney General and his team, social workers and an independent legal adviser travelled to Mahdia on July 3 and 4, 2023, to meet with families.
The Defence said written agreements were required because public funds were being expended and had to be transparently accounted for. Families accepting the offer were also allowed to obtain independent legal advice.
The process was repeated on July 31 and August 1, 2023, and the State said all families except two had accepted the offer at the time the Defence was filed.
It further maintained that the claimants were not excluded and remains eligible to receive the financial assistance.
The Attorney General has also rejected constitutional allegations contained in the claim, describing them as “wholly unmeritorious and unsubstantiated.”
Ultimately, the State denied negligence, constitutional violations and other wrongdoing, and “accepts no liability for the fire and/or for any injury, loss or damage” alleged in the Statement of Claim.
The Defence asked the court to dismiss the case, declaring: “This Claim is specious, misconceived in law and ought to be dismissed with costs in favour of the Defendant.”
The Defence was filed by Omar Hoppie on behalf of Attorney General Nandlall, King’s Counsel Darshan Ramdhani and attorney C.V. Satram.
Attorney-at-Law Darren Wade is representing the claimants in the High Court action.
The Defence comes as the compensation dispute returns to the High Court, after Acting Chief Justice Navindra Singh previously ordered a full hearing rather than striking out the families’ claims.
The hearing is expected to examine the legal validity of the settlement agreements and whether the families were legally bound by the Government’s compensation offers.
The cases will next come up for a Case Management Conference (CMC) in November 2026.
