‘Bullied’ Mayaro boy’s parents sue Garcia

A pre-action protocol letter was sent on Friday to Garcia by attorneys acting for the boy’s parents, Christopher Khan and his wife Shareefa.

In the nine-page letter, attorney Douglas Bayley stated he intends to file a claim against the State for the negligent failure of the education system to proactively intervene to stem a pattern of bullying against Tristan.

The pre-action letter stated Tristan, a Standard One student, underwent reconstructive surgery on the right elbow due to the injuries sustained when another student threw him to the ground and jumped on the right arm on the school’s playground. The letter, which is addressed as well to the chairman of the Teaching Service Commission (TSC), the Commissioner of Police and the chairman of the Police Complaints Authority, called for the immediate removal of a member of the teaching staff from being part of the investigating team into the incident.

It went on to list the grounds on which that staff member should be removed from the investigations.

The pre-action letter which threatened legal action within 28 days, further stated there could be grounds for an immediate investigation and possibly disciplinary action against the staff member for alleged breaches of the Teaching Service Regulations regarding inaction when Tristan was injured.

The boy’s pleas for help were ignored and trivialised, Bayley stated, adding the attempt to paint the incident as “two boys playing”, will be relied upon as a ground for aggravated and exemplary damages.

The principal’s report to the Education Ministry stated the boys were playing and it denied there was an act of bullying.

The principal’s report was corroborated by Trinidad and Tobago Unified Teachers’ Association president Lynsley Doodhai, in a press conference last Friday, who said based on a combined report of the principal and a teacher, the boys were simulating wrestling acts at the time when Tristan sustained the broken elbow.

The TUTTA president said the day before the incident, a teacher had warned the school’s students about simulating wrestling move