The Attorney representing the 15-year-old girl who is facing 20 murder charges over the deaths that took place in the Mahdia School Dorm fire, has written to the Director of Public Prosecutions with a request for the charges against his teenage client to be withdrawn completely because of a lack of evidence.

In a letter to the DPP dated August 3, 2023, Attorney Dexter Todd explained that based on the disclosures made at the Mahdia Magistrate’s Court during the hearings, it is clear that there is no potential evidence to support the charges against the teen.  

“Upon review of all the statements and other exhibits served on our clients, our suspicions in this matter were confirmed…there is absolutely no potential evidence that could support a charge of murder, much less secure a conviction against our client,” Dr Todd told the DPP.

 Full disclosure in the matter was completed on July 20, 2023.

The Attorney said the evidence before the Court is circumstantial and very weak, and no not meet the requirements for murder charges.

He said some of the witnesses in the matter have claimed that his client was upset with the caretaker of the dorm for taking away her cell phone, and threatened to burn the place down.

However, the Attorney said beside the words of a teenager, there is nothing else linking his client to the deadly fire.

Added to that, he said one of the witnesses told the Court that the accused after allegedly issuing the threat said it was a joke.

“We certainly cannot get into the mind of our client to know what she meant nor if it was a joke and neither can the court,” he said.

Further, the Defence Attorney told the DPP that none of the witnesses placed the accused in the area where the fire started.

“None of them stated that they saw her light the fire, none of them stated that she accepted responsibility for the fire, none of them said they saw her walking or running from the area where the fire allegedly started prior to the great blaze. There is no forensic evidence in any form that incriminates our client,” he said.

He said the Court only has claims by some witnesses that the accused had threatemed to burn the dorm down, and that she had collected a lighter and a perfume from two students.

 He said there is no possibility of fulfilling the physical element of murder in any way or a fragment of evidence to show intent to murder.

“The only thing before us is an alleged statement by the accused, a statement that could have been capitalized on by any person who heard it. Note that some witnesses also confirmed that other students from the dorm were engaged in smoking marijuana that very day,” Dr Todd told the DPP.

According to Mr. Todd, given the lack of evidence before the Court, he believes the DPP should review the file, and have the charges withdrawn. He warned that failure to do that would result in civil action against the State.

“Please note that should this charge not be withdrawn against our client and it goes the full length, we will be forced to institute civil and constitutional proceedings against the Office of the DPP and the State, seeking certain order, declaration and substantial damages,” he warned.

The deadly fire took place on May 21, and by May 29, the teen, who was among the survivors, was placed before the Courts, and charged with 19 counts of murder.

She later faced another murder charge after one of the victims, who was nursing serious injuries, succumbed at the Georgetown Public Hospital, bringing the total number of charges to 20.

Since then, she has been held at the Juvenile Holding Centre.

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