Witness insists accused cop asked him to keep a secret
SAVANNA-LA-MAR, Westmoreland — There were more questions raised, Wednesday, about the credibility of the Crown’s eighth witness in the trial of three cops before the court in connection with the fatal beating of Mario Deane while in police custody in 2014.
Corporal Elaine Stewart, district constables Marlon Grant and Juliana Clevon are charged with manslaughter and misconduct in a public office.
On Wednesday attorney Dalton Reid, who is representing Clevon, attempted to pour cold water on testimony the witness gave last week. The witness had told the court that Clevon asked him not to tell investigators from the Independent Commission of Investigations (Indecom) about what he had seen on the day Deane was beaten. Reid argued that the conversation could not have taken place as Clevon left with the ambulance that transported Deane to Cornwall Regional Hospital and did not return.
“Let me put it to you that you could never have seen her,” stated Reid.
The witness insisted that Clevon returned on the day of the incident, but was unable to say what time.
During cross-examination Reid also suggested to the witness that, despite his claim in his earlier testimony, there is no such thing as an “unsound mind cell”. But the witness said the lawyer’s suggestion was incorrect.
Reid then suggested that the four people in cell four were not mentally ill, but were poor people without family support.
“The suggestion is that there were no sanitary products — and I mean soap, toothpaste, toothbrush and so on — no bathing rags, no change of clothes, and in general, only the food that is offered by the Government is the only thing that they have around there. In fact, there was a poor section at the Barnett Street Police Station,” stated Reid.
“I don’t know if they get any of the things you are talking about. I am not sure,” replied the witness.
During cross-examination, the witness was also shown images and a video from Barnett Street Police Station where the incident took place.
Martin Thomas, the lawyer representing Stewart and Grant, later attempted to have the images entered into evidence but presiding judge Justice Courtney Daye ruled against this on the basis that it did not fall within the principles of the 1976 R v Peter Blake appeal case.
Meanwhile, a second appearance on the stand by Deane’s mother Mercia Fraser failed to take place after lunch on Wednesday as expected. She is now scheduled to retake the stand on Friday. Fraser’s first appearance was March 6 when she gave emotional testimony during the long-awaited start of the trial.
The allegations in the case 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 sustained 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 when Deane was beaten. It is further alleged that Stewart, who has an additional charge of perverting the course of justice, instructed that the cell in which the attack took place be cleaned before the arrival of investigators from Indecom.
The trial has been adjourned until 9:00 am on Friday, April 25.