MONTEGO BAY, St James — Pointing to the almost decade-long delay in determining whether three cops were culpable in the death of Mario Deane while he was in police lock-up in St James, Supreme Court Judge Justice Bertram Morrison on Monday made clear his preference for the stalled case to be transferred elsewhere.

“The Crown must actively consider a change in venue because it is an embarrassing fact that we are celebrating 10 years. The accused has human rights and so do the victims’ relatives, [who have an] expectation that this matter should be tried and brought to closure. That can’t be achieved in this current scenario,” he said Monday when the case was called up in the St James Circuit Court.

“I am making a decision, for this matter — in my view, and I expect it to be embraced — ought to be transferred and never to be tried in St James; never!” said a tough-talking Justice Morrison.

His comments came after the court was told, yet again, that the trial could not proceed because there were no jurors available.

The members of Jamaica Constabulary Force (JCF) on trial are Corporal Elaine Stewart, along with constables Juliana Clevon and Marlon Grant. They are facing charges of manslaughter, perverting the course of justice, and misconduct in a public office in connection with the 2014 beating that left Deane dead.

As part of the trial, jurors must be empanelled. For that to happen, they must be served with notices to appear for jury duty. These notices are served by JCF members on citizens who are often reluctant to serve.

On Monday, Justice Morrison pointed out the implications of the cops’ failure to fulfil their duty.

“So, it is going to be the Crown’s application for an adjournment because of insufficient jurors, zero jurors. Three hundred summonses were sent out which were supposed to be served by the police. Read what you may into that now,” he said.

He continued cryptically, “Who is on trial?”

“The matter concerns police officers,” the Crown replied.

“Good, so can’t you see what is happening? And, mind you, is the DPP [Director of Public Prosecutions] office impotent to remedy that situation?” Justice Morrison said.

“It can’t be that these three defendants, who are presumed innocent until proven guilty, do not want this matter to be tried. It can’t be,” he said.

Obviously displeased, he then indicated that he was “going to put everything on the record now”, and the Crown was asked to give a chronicle of the case. In addition to the issue raised on Monday, other reasons cited for the almost 10-year delay are general postponement of jury trials during the COVID-19 pandemic, a delay in Constable Clevon securing representation, challenges with witnesses, jurors being engaged in other matters, and a general insufficiency in the number of individuals willing to be jurors.

The case has been postponed multiple times since it was first brought before the St James Circuit Court in 2018.

On Monday, in response to Justice Morrison’s concerns about the JCF’s failure to serve summonses on jurors, the Crown suggested that the superintendent of police may be able to shed light on the matter.

However, the judge dismissed the suggestion to have the senior cop take the stand.

“Self-inflicting wounds,” he said curtly.

“The matter is to move for a mention date on November 14. Bail extended for all three,” Justice Morrison later told the accused.

Allegations are that Deane was arrested for possession of a ganja spliff and placed in custody where he was brutally beaten on August 3, 2014. He received severe injuries to his brain which left him in a coma. He died three days later at Cornwall Regional Hospital in St James.

It is alleged that the three cops had been on duty at the police station at the time when Deane was beaten. It is further alleged that Corporal Stewart gave instructions for the cell in which the attack took place to be cleaned before the arrival of investigators from the Independent Commission of Investigations.

Following Deane’s death the police charged Adrian Morgan and Marvin Orr, who were also in custody at the time.

Both men, who suffer from schizophrenia, pleaded guilty to manslaughter and were sentenced to five years and six months. However, they had been in custody for six years so in July 2020 they were set free based on time served.

A third man, Damion Cargill, was charged in 2015. However he was ruled unfit to answer the charges or stand trial. In July 2017 he was released into the care of his family.

In May 2014 St James Parish Judge Sandria Wong Small ruled that the three cops should stand trial. At the time Stewart was 50, Clevon 32, and Grant 27 years old.