July 28 decision for deaf-mute charged with Mario Deane’s death
ST JAMES, Jamaica — The court’s decision regarding Damion Cargill — one of three men charged in connection with the beating death of Mario Deane while in police custody in 2014 — has been delayed until Friday.
Justice Viviene Harris was expected to make her decision known last Tuesday, but Cargill’s attorney, Franklin Halliburton, told the media that it was deferred to allow the judge more time to consider all the options.
Cargill, who is said to be deaf, mute and schizophrenic, was found unfit to enter a plea by a seven-member jury on March 20 in the St James Circuit Court.
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.
When the matter was called up last week, presentations were made by a consultant psychiatrist and a medical officer.
The two indicated the period for which Cargill would need treatment and also the arrangements that would need to be in place to allow outpatient treatment.
According to Halliburton, the case is a “little peculiar, and what the law requires is very specific”.
“And her ladyship has to ensure that every ‘i’ is dotted and every ‘t’ is crossed, and that all the arrangements are in place. If all the arrangements are not in place, then her ladyship, and rightfully so, is not prepared to make the ruling. So, it’s just a matter of taking the time, exploring the options, looking to see that all the arrangements for the treatment and supervision are in place,” Halliburton told the media last week.
The attorney said the defence team will be assisting the court with as much information as possible.
“You will appreciate that the matter is sub judice and it is her ladyship’s hearing. So, I am not quite at liberty to divulge some of the particulars as to why it is that a final ruling was not made today (last Tuesday). But, suffice it to say, her ladyship has the matter under review, and we at the defence bar will try to furnish the court with as much information as possible to assist [her] in making her final ruling,” Halliburton added.
Both Cargill and several members of his family were in court last week.
Deane, 31, was a construction worker who was arrested and incarcerated at the Barnett Street Police Station in Montego Bay for possession of a ganja spliff on August 3, 2014.
He died three days later in hospital after receiving severe injuries to the head while in lock-up.
The other two men charged in Deane’s case are Marvin Orr and Adrian Morgan. They are scheduled to appear in the St James Circuit Court in September.
— Anthony Lewis