Relatives of nine-year-old Tristan Khan, who suffered a broken arm after being brutally beaten by a bully at the Mayaro Government Primary School last week, has filed legal action.
In a pre-action protocol letter sent to Education Minister Anthony Garcia on February 9, attorney Douglas Bayley called on Garcia to take immediate steps to deal with bullying in schools.
He also called for the immediate removal of a senior school official from the investigation as “his conduct and behaviour to date, as well as his undisclosed personal relationship with the perpetrator’s family, constituted grounds for conscious and/or unconscious bias”.
The relatives also called for the immediate suspension of the senior school official as well as an investigation into whether his misconduct breached the regulations of the Teaching Service Commission.
Bayley called for an investigation by the Commissioner of Police Stephen Williams into the conduct of officers at the Mayaro Police Station who refused to take a report from Khan’s parents about the assault.
He said he intends to write separately to the Commissioner of Police and the Police Complaints Authority.
He said there were other bullies at the school who should be investigated. Bayley also called on Garcia to “develop as a matter of urgency, a policy and programme to deal with the burning issue of bullying in schools”.
In a statement given to ministry officials, Tristan, a Standard One pupil, alleged he was cuffed, kicked, and stomped upon by a classmate on February 1.
Tristan underwent reconstructive surgery a day later at the Sangre Grande Area Hospital, where doctors attempted to reattach his elbow to his arm. Doctors told his parents that they were uncertain if Tristan will regain use of his hand and arm.
He was discharged from hospital last week Saturday.
The ministry has 28 days to respond to the pre-action protocol letter, failing which proceedings will be filed at the High Court.
Tristan’s parents said he continues to be in pain after the ordeal and was afraid to go back to school.
Efforts to contact Garcia for comment yesterday proved futile as calls to his cellular phone went unanswered.