Mario Deane Trial: Cop explains procedure for prisoners in need of medical care
SAVANNA-LA-MAR, Westmoreland — The zone commander responsible for Barnett Street Police Station at the time of Mario Deane’s death in 2014, on Tuesday gave the court a general outline of the administrative procedures for handling individuals in police custody, including steps taken if a prisoner needs medical attention.
“If a person appears to be intoxicated, the sub-officer on duty should contact a JCF (Jamaica Constabulary Force)-appointed medical doctor. If the JCF-appointed medical doctor is not available, then [the prisoner’s] personal medical doctor [is contacted],” stated Deputy Superintendent of Police (DSP) Kevin Francis, who is currently based at the Westmoreland Divisional Headquarters.
The three cops on trial in the Westmoreland Circuit Court in relation to Deane’s death are Corporal Elaine Stewart, and constables Juliana Clevon and Marlon Grant. They are all charged with manslaughter, perverting the course of justice, and misconduct in a public office.
The 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. Deane 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 were on duty at the police station at the time Deane was beaten. It is further alleged that Corporal Stewart instructed that the cell in which the attack took place be cleaned before the arrival of investigators from the Independent Commission of Investigations.
From the stand Tuesday, DSP Francis said there are meetings in which staff assigned to the cells are given a general briefing by a cell officer, and topics discussed typically include “officer safety, JCF use of force policy, and lock-up administration”.
A use of force policy addresses the level of force that is necessary to manage a given situation. This includes the issuance of verbal commands, less lethal options such as use of baton and pepper spray, as well as lethal force. Lock-up administration pertains to ensuring that individuals are searched, that no weapons or contraband are introduced into cells, and ensuring that policy directives are followed.
Tuesday’s sitting of the case was adjourned early due to DSP Francis’s continued ill health. He was obviously not well from the start of the day’s proceedings and it was difficult to hear him at times. However, he continued with his testimony while occasionally sipping from a bottle of water until an inquiry was made about his well-being and whether he was on medication.
On two occasions, Supreme Court Justice Courtney Daye granted five-minute breaks. During the first break, the clerk of court handed out face masks to those who wanted them. Upon returning from the second break, the court was informed that DSP Francis was experiencing discomfort. This resulted in Justice Daye adjourning the case to 10:00 am Wednesday.
This is the second day that illness of the senior cop has impacted the case. On Monday, the trial was adjourned early after the Crown revealed that its witness was under the weather and had to seek medical attention.