MONTEGO BAY, St James — August 3 marked five years since the controversial death of St James resident Mario Deane in 2014 while in police custody. His mother, Marcia Fraser said that while she has forgiven those responsible for her son’s death, she wants the system to provide justice for her.

“I am not in any hate. As a matter of fact, I forgive them already. But, the system must work justice and we need justice,” stated a strident Fraser.

She made the comment while speaking to members of the media during a vigil held in front of the Barnett Street Police Station in St James in memory of Deane yesterday.

The 31-year-old construction worker was taken into custody for the possession of a ganja spliff. However, while in custody, he was severely beaten and was later taken to Cornwall Regional Hospital in St James with severe injuries to the head. He died three days later.

Following the incident, the police charged two mentally challenged men, Marvin Orr and Adrian Morgan, who were in custody at the time, with Deane’s death. A third man, Damion Cargill was charged in 2015. However, Cargill was ruled unfit to answer to the charges or to stand trial. He was therefore released in July 2018 into the care of his family.

Plea agreement discussions between the prosecution and defence lawyers are to be held on September 18. The date was set by Justice Sonya Wint-Blair when the case was mentioned in the St James Circuit Court in July.

Additionally, a few days after the men were charged the Independent Commission of Investigations (INDECOM) also charged three police personnel who were on duty at the time of Deane’s death.

The three implicated in Deane’s death are Corporal Elaine Stewart, 51; District Constable Marlon Grant, 28; and 33-year-old District Constable Juliana Clevon.

All three were charged with manslaughter, perverting the course of justice, and misconduct in a public office. The three, who went on trial in September of last year, are booked to return to court on March 10, next year.

Allegations are that Stewart had instructed that the cell be cleaned before the arrival of investigators from INDECOM.

The mother said she will continue the vigil each year if justice is not served.

“I am not going to stop coming here. If next year they don’t give me justice, I am coming right back here. If it is me alone, I am coming right back here to stand up. We need justice, and justice must prevail,” pledged a militant Fraser.

“The police are not above the law and no law should go around putting them on top. It should be justice for everybody. You do something that is wrong, you know you shouldn’t do it, you make a mistake and do it, make justice work its course. It could be a mistake. Nobody is perfect. They could be angry or something,” stated Fraser, who added “don’t push me because I am a poor woman and from a poor family…so nobody is going to back us and we are going to get weary and forget the whole thing. This mother not going to forget the whole thing. That is my son. That is my firstborn — and I know when I had my first son what I give up to grow him.”

Fraser, in making reference to the case surrounding the mentally challenged men, argued that to be attending court each time is taking a toll on all.

“The whole thing is just dragging and it is just wearing parents. It is not right, it just doesn’t feel right and I know it can’t be right. We are tired,” lamented Fraser. “One of the young men, every time the mother come in court, she just keep breaking down and crying. That broke my heart also because I am a mother and we are just going through a lot of stuff. And I can’t see some of the reason why it can’t go through court. Every time they say something else. Why? This don’t ready and that don’t ready. What is the big deal? I don’t know.”

Fraser said her family has been going through a lot. She said it has been nerve-racking for her each year on August 3 and Mother’s Day. She also maintained her claims of being intimidated by the security force whenever she visits the court to observe the proceedings.

Despite the mounting toll on the family, Jamaicans For Justice (JFJ) Policy and Advocacy Manager Monique Long says they have been giving support to the family. JFJ officials were out in their numbers on Saturday.

“JFJ continues to give advocacy support. We also provide legal support and assistance where necessary. A number of persons that continue to work with JFJ are members of a family support group where not only do we provide legal services to them, but we also provide psychotherapy — a space where they can share and work through their trauma as family members who have lost members of their family to police and other kinds of security violence,” Long told the Jamaica Observer.

Meanwhile, the JFJ executive also noted that while there are flare-ups, JFF had seen a decrease in the number of reported police brutality cases.