Lawyers expected to begin closing arguments Monday
SAVANNA-LA-MAR, Westmoreland — Lawyers on both sides of the Mario Deane trial will on Monday begin their closing arguments, explaining how the evidence and testimonies presented so far help their case and weaken arguments made by the opposing side.
That will then pave the way for the judge’s summation as the long-awaited trial inches towards an end.
The case, which is being heard in the Westmoreland Circuit Court, was adjourned unexpectedly Friday when the defence rested instead of calling two witnesses as anticipated.
The three accused are Corporal Elaine Stewart along with district constables Marlon Grant and Juliana Clevon. They are all charged with manslaughter and misconduct in a public office in connection with Deane’s April 2014 death.
In unsworn statements Thursday, all three rejected claims made in court on April 22 by a former inmate who gave a chilling account of Deane’s beating and their reaction to other prisoners’ calls that Deane was being beaten.
On Friday defence attorney Martyn Thomas — who represents Stewart and Grant — and Dalton Reid, who is representing Clevon, advised the court that they were closing their case.
“In those circumstances, it means that there is no further evidence to be called in this case for the prosecution and the defence,” Supreme Court judge Justice Courtney Daye responded.
He noted, however, that the court had reserved a ruling on two pieces of evidence.
Justice Daye said the first issue had to do with the Lock-up Administration Policy and Procedures document. This was evidence which the prosecution had wanted to include as part of its case. It speaks to who does what and how prisoners in lock-up are treated.
The second matter on which the court had reserved a ruling was Reid’s application for former senior investigator from the Independent Commission of Investigations (Indecom), Mollie Plummer, to be recalled, with her notes for reference. She was the Crown’s 15th witness but on Tuesday she struggled to recall details such as accounts of statements she had taken from witnesses. Chided for not reviewing her notes or a copy of the file before giving evidence in the case, Plummer suggested that geographical constraints and the demands of her current job were the reason for her lack of preparation.
On Friday Reid told the court that, having taken instructions from his client, the defence would no longer be proceeding with the application to have Plummer retake the stand.
“That being the case, that aspect of the evidence is no longer required by the defence, and the only thing that is outstanding is a ruling on a document marked ‘C’ for identity… In terms of evidence, that is the only thing outstanding. So, the document marked ‘C’ for identity is still reserved and cannot be dealt with today. And, still must be dealt with,” stated Justice Daye.
The trial was adjourned until 9:00 am on Monday, May 12.
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.