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Mom hits DOJ dismissal of raps in suicide of British School Manila student


The family of an 18-year-old student of the British School of Manila who committed suicide last year over a plagiarism claim has asked the Department of Justice (DOJ) to reverse a decision clearing school officials of any liability in the incident.

In a motion, Liam Madamba's mother Trixie asked the DOJ to reconsider its June 16 ruling finding no probable cause to indict 16 BSM officers, including school head Simon Mann, for obstruction of justice.

"It is important to stress that the determination of probable cause does not depend on the validity or merits of a party's accusation or defense or on the admissibility or veracity of testimonies presented," read her motion.

"These matters are better ventilated during the trial proper of the case," it added.

Trixie asked the DOJ not to rely solely on the defense the respondents and instead consider the pertinent testimonies of the respondents during a Senate inquiry on the matter, as well as other evidence that her camp has presented.

In her motion, Trixie reminded the DOJ that the crime alleged in her complaint was obstruction of justice, and not even homicide, light threats, or slight physical injuries.

"If  indeed the respondents truly believe that Mrs. Mann and the School were not guilty of any wrong doing, then their evasive actions, consistent stonewalling and obstructing every attempt to uncover the incidents leading to Liam's death, betray them," read the motion.

Trixie said she sued the 16 BSM school officials because they were acting as a collegial body and their participation should be determined in court.

Apart from Mann, the other BSM officers named respondents in the Madamba family's complaint are Trevor Lewis, Brendan Egan, Martyn Turner, William Thomas RossTweddell, Simon Bewley, Etein Melsbo, Bart Edes, Pul Ingram, Alison Doig Henderson, Andrew Logan, Alan Hearn, Anne Haslam, David Gold, Angel Guerrero and Catherine Tantoco-Daniels.

Trixie urged the DOJ not to give merit to Lewis and Tweddell's invocation of their diplomatic immunity because such privilege covers only government acts and not criminal acts.

She also insisted that Mann's accusation against Liam was the "proximate cause" of her son's suicide.

The complaints against them were filed in October last year by the victim's mother for violation of Presidential Decree (PD) No. 1829 or obstruction of justice.

Liam jumped from the sixth floor of a carpark in Makati City in February last year after he was accused by his teacher, Natalie Mann, of plagiarism.

Madamba alleged that the BSM administration “tampered and altered reports to conceal, if not to impede an exhaustive investigation of the facts surrounding Liam’s death” and “willfully harbored and facilitated the escape” of Mann.

In her motiom for reconsideration, Trixie disagreed with the DOJ's findings that the actions of the BSM officials were considered an obstruction of justice because no formal and actual preliminary investigation was being conducted at the time.

"Nowhere in the provisions of PD 1829 that a pending actual invstigation is required (for an obstruction of justice can happen)," read the motion.

Apart from the criminal complaint, Madamba had also earlier filed with the Department of Education an administrative complaint against the school for alleged violation of the child protection policies.

The department had already asked BSM to comment on the complaint.

Madamba also filed in December last year a P100-million civil case against the school before the Taguig City Regional Trial Court. — VVP, GMA News

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