MONTEGO BAY, St James — Justice Viviene Harris is expected on Tuesday to make her final order regarding Damion Cargill — one of three men charged with the beating death of Mario Deane while in police custody in 2014.

Cargill, who is deaf, mute, and schizophrenic, was found unfit to plea by a seven-member jury on Monday, March 20 in the St James Circuit Court.

The case, which is in the St James Circuit Court, was called up last Friday before Justice Harris in the Western Region Gun Court.

This was as a result of Justice Harris, who has been dealing with the case since January in the St James Circuit Court, moving on to the Gun Court following a few months of service in the Home Circuit Court in Kingston.

During Friday’s sitting, Justice Harris issued a writ for Cargill, who was not present, to be taken to court on Tuesday.

“He was not before the court and the judge has issued a writ for him to be brought before the court on Tuesday,” stated Cargill’s attorney, Franklin Halliburton after a sitting of the court.

She had also asked family members of Cargill to return to court next week Tuesday.

Justice Harris is expected to decide whether or not Cargill will be sent to a State facility or allowed supervised care with his family, as stated under section 25c of the Criminal Justice Administration Act.

Halliburton said Tuesday’s date was set as a result of the probation officer being sick.

“The matter has been set for Tuesday, where the judge will make her final oder. The probation officer was unwell. She was here in the morning but she was having issues, so judge is going to bring the matter back on Tuesday for the final order to be made. It is still within the judge’s purview and domain as to whether or not he is going to remain in State custody or whether she is going to allow supervised treatment,” explained Halliburton to members of the media on Friday.

It was not the only court before which Cargill had a case.

Earlier in the day, a pre-existing matter that had landed Cargill in custody at the time of Deane’s beating in 2014 was also called up in the lower court — the St James Parish Court.

However, judge Natalie Hart-Hines of the parish court is awaiting the outcome of the upper court before making her next move.

The two other men in Deane’s case are Marvin Orr and Adrian Morgan.

They are set to appear in court in September at the beginning of the St James Circuit Court.

Deane was the 31-year-old construction worker arrested and held at the Barnett Street Police Station in Montego Bay for possession of a ganja spliff on Sunday, August 3, 2014.

However, Deane died three days later in hospital after receiving severe injuries to the head while in custody.