DNA confirms blood in cell block belonged to Deane
SAVANNA-LA-MAR, Westmoreland — The Westmoreland Circuit Court on Thursday heard that blood found in a section of the cell block and on an item of clothing belonging to an inmate was that of Mario Deane, the then 31-year-old construction worker who was fatally beaten while in police custody at Barnett Street Police Station in St James in 2014.
The disclosure was made by the Crown’s 12th witness from the Institute of Forensic Science and Legal Medicine, who continued her testimony from a day earlier.
Three cops are on trial: Corporal Elaine Stewart, district constables Marlon Grant and Juliana Clevon. They are all charged with manslaughter and misconduct in a public office.
On Thursday, the witness told the court that the full DNA profile was established based on a buccal [cheek] swab taken from Deane’s mother, Mercia Fraser, in March this year, for the purpose of conducting an analysis of items that had been in possession of the Government’s forensic lab in Kingston since 2014.
The witness explained that the swabs taken from the inner cheeks of Fraser’s mouth were analysed, and a comparison was made with a swab from the passageway in front of cell number four, the shorts of inmate Adrian Morgan, and fingernail clippings taken from Deane during a post-mortem.
On the day in question, Deane, who was arrested for possession of a ganja spliff, was placed in a cell with Morgan, Marvin Orr, and Damion Cargill. All three men were subsequently charged in connection with the beating death of Deane. Morgan and Orr pleaded guilty to manslaughter and were sentenced to time served in custody while Cargill, who is deaf and mute, was deemed unfit to plead.
“The source of blood on exhibit is the biological child of Mercia Fraser. [Therefore] Fraser cannot be excluded as being the mother of the source of the blood found on swab found in the passageway of cell number four, the shorts from Adrian Morgan and the fingernail clippings of Deane,” the witness said from the stand.
“DNA probability is 99.9 per cent and therefore the source of the blood cannot be excluded as Mario Deane,” she added.
During her testimony, she also pointed out that no profile was obtained from a swab taken from a drainpipe outside the cell block. The witness explained that this could be as a result of contamination from heat, excessive moisture or chemicals such as detergent.
While defence lawyer Martin Thomas, who is representing Stewart and Grant, had no questions for the witness, his colleague Dalton Reid, who is representing Clevon, questioned the DNA results without samples from the father. He noted that children inherit half of their DNA from each biological parent. However, the witness explained that one parent is sufficient for a probability test.
Following testimony from the witness, the Crown informed the court that some time would be needed to finalise the availability of its next witness. However, after the lunch break the Crown told presiding Supreme Court Judge Courtney Daye that the next witness will be available on Monday, May 5. The witness is a doctor from Cornwall Regional Hospital in St James where Deane died three days after being beaten.
The case was adjourned until Monday at 9:00 am.
Bail has been extended for the three cops.
The allegations in the case are that Deane was 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 later died.
It is further 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.