SAVANNA-LA-MAR, Westmoreland — Prosecutors arguing the Mario Deane case on Friday failed, despite two attempts, to have a pair of pants belonging to Deane entered into evidence.

Three cops — Corporal Elaine Stewart, district constables Marlon Grant and Juliana Clevon — are before the Westmoreland Circuit Court to answer charges of manslaughter and misconduct in a public office.

Both attempts to enter the pants into evidence came during testimony by Deane’s mother, Mercia Fraser. It was her second time taking the stand since the trial began on March 3, 2025. Fraser was asked to testify about the aftermath of the beating inflicted on her son, and the Crown also gave notice that she would be called upon again later in the case regarding further evidence to be provided by other witnesses.

Fraser testified about receiving a pair of navy blue jeans belonging to her son from a medical doctor at Cornwall Regional Hospital a day after Deane was beaten. She said the pants had what appeared to be bloodstains on the front upper section of both legs. Fraser was asked if she could recognise the pants if she saw them again. She replied in the affirmative.

The Crown then asked Supreme Court Judge Justice Courtney Daye to allow the pants to be shown to the witness. However, Dalton Reid, the lawyer representing Clevon, objected on the grounds that there was no information provided to the court which indicated that Fraser knew the pants.

Justice Daye, in his ruling, argued that “the court is required evidentially to connect the pants from the witness in relation to the mother of the deceased and what has happened to the deceased”.

Following the ruling, the Crown continued with the line of questioning. In responding, Fraser stated that she saw her son wearing the jeans and an orange-coloured shirt when he visited her a few months before the incident.

The Crown again asked for the item to be shown, but Reid objected once more on the basis that no new information had been presented.

Justice Daye later ruled against the showing of the item on the grounds that, subsequent to his previous ruling, the relevant nexus had not been created for the item to be shown to the witness.

The Crown also asked Fraser if she would be able to identify her son if she were shown a photo. She answered in the affirmative. Justice Daye then asked the reason for the question and the Crown indicated that this was its effort to provide a nexus.

With no objection from the defence, Fraser was shown a printed image.

She responded, “It is a picture of Mario Deane, my son.”

This was entered into evidence as Exhibit 8.

The case was adjourned early on Friday due to the Crown’s inability to produce a witness.

“It seems when I was given instructions I misspoke and misunderstood the delay, my Lord,” the prosecutor told the court.

“So, you have no other witnesses for the day?” queried Justice Daye.

The Crown replied, “No, my Lord.”

“When next you will have your witnesses?” asked Justice Daye.

“My Lord, I could organise them for next week but this will be based on a certain arrangement for the Crown,” came the reply.

The Crown then asked for a sidebar and after 20 minutes inside the judge’s chambers with both teams, the judge adjourned the matter until next Monday at 9:00 am .

Justice Daye stressed the importance of the prosecution producing a witness then.

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 the Independent Commission of Investigations.