‘We have to finish a witness this week’, says judge in Mario Deane case
WESTMORELAND, Jamaica — Supreme Court Judge Justice Courtney Daye, who is currently presiding over the case involving the three cops charged in connection with the 2014 beating death of Mario Deane, has reiterated that the case must not be drawn out.
The much-anticipated case, which started on March 3 in the Westmoreland Circuit Court, is expected to have evidence presented over 25 days.
“The only thing that I have to say is that we have to finish a witness this week. This includes evidence in chief and cross-examination,” stated Daye, who also cautioned about a witness being drawn out for an extended period.
Daye made the comment while a date was being finalised for the continuation of the case on Wednesday. It was finally agreed that another case would be partly heard for an hour Thursday morning and the Mario Deane case would continue at 12:00 noon.
The three cops on trial 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 case has been plagued by issues since the first week when a juror was absent a day after being empanelled for a seven-member jury. The juror showed up the following day but was excused on medical grounds.
Last Thursday, the Crown called its first witness to the stand without any hitches — the mother of Deane, Mercia Fraser.
The following day, the Crown called to the stand its second witness, Deputy Superintendent of Police (DSP) Kevin Francis, who was stationed at the Barnett Street Police Station as the zone commander.
However, on Monday, the case was adjourned early due to the Crown’s witness being ill. The Crown revealed on that day that DSP Francis had to seek medical attention.
Initially, DSP Francis was expected to conclude his presentation on Monday before being cross-examined by the defence lawyers Dalton Reid, who represents Clevon, and Martyn Thomas, who represents Stewart and Grant.
The case was adjourned again early when it was called up on Tuesday. DSP Francis testified for a while before the court was adjourned due to his ongoing illness.
On Wednesday, the Crown had to move on to its third witness, Corporal Williams, as DSP Francis was a no-show. The court was later informed that Francis sought medical attention and was granted five days of sick leave.
READ: Trial of cops in Mario Deane case moves on, ill witness placed on sick leave
Corporal Williams is expected to continue his testimony this afternoon.
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 when 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.
— Anthony Lewis

