Bullying case should be shared in schools

The 2009 death of Ian Elroy Gibson, an 11-year-old student of the Princess Margaret Secondary School, should be made “prominent” in this island’s schools and used as a teaching tool about the possible perils of bullying in a bid to stamp out the scourge.

Deputy Director of Public Prosecution Alliston Seale made the suggestion in his address to the No. 2 Supreme Court today on what he described “a simple but alarming case of bullying”.

He was making submissions to the court before the sentencing of the three former students of the same school who were found guilty of manslaughter in connection with Gibson’s unlawful killing on September 20, 2009.

The student died that day at the Queen Elizabeth Hospital from the injuries he sustained two days earlier. He was involved in a collision with a car driven by Gian Holder on Sunbury Road, St Philip. At the time he was in an altercation with Shaquille Shamal Khalleel Bradshaw and Doniko Javier Alleyne both of Balls Land, Christ Church and Maria Antoinette Goddard of Parish Land C, Balls Land, Christ Church. The three, ages 12 and 14 at the time, were convicted by a jury in June 2019.

Seale told trial Justice Worrell, Gibson’s death should leave “some legacy” behind as he pointed out that this bullying behaviour seemed to be rampant in all schools.

“I believe this case should stand out, should be a benchmark to everyone in this society,” Seale said as the three convicts and their attorneys Angella Mitchell-Gittens and Arthur Holder listened in.

“In every school, this case should be prominent, principals should use this to [teach] their students about bullying and its possible consequences,” he added.

He explained that, “Young Ian paid the greatest possible price – his life” over a decade ago all because some found it funny to try to overpower him.”

He added that this behavior was engrained in some people and could be manifested in the gang mentality, with one gang trying to show its superiority over the other.

The deputy DPP explained that this was an historic case for the country given its nature. “This case should be a benchmark for everyone in society to reflect on bullying and the consequences.”

Legal counsel for Alleyne and Goddard, Angella Mitchell-Gittens had described the circumstances surrounding the case as “extremely unfortunate” and “truly tragic” labelling it as “children at the bus stop skylarking”.

However, Seale said there was “some divergence” between him and the defence counsel on that point. “It tells us this is where bullying can lead us . . . and is what children do not take into consideration when engaging in these acts.”

He said that in his opinion children skylarking were those being lawless but bullying was undue pressure on a person of a lesser strength.

The prosecutor said he was mindful of the comments made about the case some of which allude to ongoing bullying on Gibson but “I do not have evidence of that.” He agreed with Mitchell-Gittens and Holder, who represented Bradshaw, that the three should be seen as the minors they were when the tragic incident occurred.

However, he touched on the three young people’s expression of remorse. They all said sorry with Alleyne noted a desire “to carry on further” with his life.

Seale told the court “The same can’t be said for Ian who will never be seen by his parents again. Clearly they are alive and will continue their lives.”

Bradshaw he said was “not as selfish as Alleyne,” as he expressed remorse and said, “I am very sorry that anything happened to Ian on that day. I sorry he wasn’t here to continue his life”.

Pointing to Goodard who apologised and said she would like to be given the opportunity to go on and raise her son, Seale said: “Obviously at 12 she was not thinking about that. But Ian Gibson’s parents will never be able to raise him. His father continues to grieve everyday. His mother said her son was her heart and his death has left a void in her life.”

“Ian’s parents would want justice for him”.

However, Seale stated that the mitigating circumstances in the case outweighed the aggravating. Among the mitigating factors, he said were the boys’ ages at the time, their inexperience and the fact they did not contemplate the results of their actions. A major aggravating factor, he said, was the bullying.

He explained that had the three been tried when they were juveniles the “most I think would have been done at the time was to send them to one of the Industrial Schools.

“I don’t think it will meet justice to incarcerate them at an adult facility. The court has the unenviable position of sentencing those young persons,” Seale said. “The question is how do we treat to this?”

“My hope is that this case never ever dies and will be a constant reminder to would be bullies.

“In the end I hope these three young people will understand the consequences of their actions. And although there is forgiveness . . . that their actions will remain a millstone around their necks for what they have done to this young man,” the deputy DPP said before Justice Worrell adjourned the case for sentencing on June 29.
fernellawedderburn@barbadostoday.bb