Why manslaughter?

Little Messi drowned on July 16 during a family outing to the Boardwalk in Chaguaramas. At first, the family thought the toddler was abducted after Atiba said he turned his back for a minute, losing sight of the youngster. It was not until the following day, that Messi’s body was discovered floating in the waters off Pier I.

On Saturday, Director of Public Prosecutions (DPP) Roger Gaspard gave instructions that Gorking be charged with manslaughter, a charge that has left Gorking’s family and friends confused. “He is the voice of the community, the upliftment for the community. He is a very good father, serious and strict.

He is very ambitious.

“When he realised his son had drowned, Atiba was in deep shock.

He stayed out there all night looking for him. It is unfortunate that this had to happen. He had to bury his son and now he has to deal with this,” a neighbour said when Newsday visited the family’s home at George Street in Port of Spain yesterday.

“That man real loved his little boy. I still don’t know how that child drowned. The water was shallow. We don’t know if some other children might have pushed him and he couldn’t get up. He was a real loving child,” said another neighbour, who declined to give his name. Messi’s mother Patrice Gibbs, said she is still trying to come to terms with her child’s death and now Atiba’s arrest. Gorking has been in custody for the past six days.

Asked about the charge, attorney Gerald Ramdeen said a person can be charged with manslaughter only on the basis where investigators have established criminal negligence.

“But,” Ramdeen said, “in a case of drowning I would find it quite difficult to see (how criminal negligence) is made out.” “Unless someone would have given evidence that this man allowed his child to go into the water, knowing the child was going into the water and did nothing about it...that is the only way I can see someone with the experience of Mr Gaspard instructing that such a charge be laid,” Ramdeen said.

“When you say you turned your back it means you negate knowledge of the act. This would have to be a case where the father was on the beach with his son and he saw his son going into the water and he did nothing while the child was going into the water. You have to get somebody to give that type of evidence.

“Or you would have to get somebody to give evidence that the child was in the water, experiencing difficulty and the father turned his back and walked away,” Ramdeen added.

Gorking is expected in court today.