SAVANNA-LA-MAR, Westmoreland — Supreme Court judge Justice Courtney Daye, who is presiding over the Mario Deane trial, on Tuesday laid out to the seven-member jury six elements of the case that the prosecution must prove in getting a manslaughter-related conviction.

In giving his instructions and summation to the jury, the judge pointed out that there was a fundamental issue with the charge of manslaughter. After providing a breakdown, Justice Daye arrived at a charge of manslaughter by gross negligence.

He noted that among the elements that must be proven for successful conviction on a charge of manslaughter by gross negligence are: (1) duty of care; (2) that the accused negligently breached that duty of care; (3) at the time of the breach of care, there was a serious and obvious risk of serious injury — a risk that is present, clear and immediately apparent; (4) it was reasonably foreseeable that at the time of breach of duty, the breach gave rise to a serious and obvious discontent; (5) the risk of death caused a significant contribution to the death of the inmate; and (6) the jury must be satisfied that the circumstances of the breach were truly exceptionally bad and reprehensible to justify the conclusion that amounts to gross negligence and required criminal sanctions.

Corporal Elaine Stewart along with district constables Marlon Grant and Juliana Clevon have been hauled before the court to answer to charges of manslaughter and misconduct in a public office stemming from the 2014 fatal beating of Mario Deane while he was in lock-up at Barnett Street Police Station in St James.

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 (Indecom).

Earlier on Tuesday, Justice Daye told the jury to focus on the facts of the case and avoid being influenced by sympathy for the victim and his mother.

The judge argued that the circumstances in which Deane died were brutal, he was defenceless and that this could evoke sympathy. Justice Daye also asked the jury not to be influenced by prejudice against the police.

Noting that the three accused are entitled to a fair trial, the judge pointed out that the jury is the decider of the facts in the case, facts which are to determine guilt or innocence.

During his summation and instructions to the jury, all three cops — dressed in black tops — listened attentively from the prisoner’s dock.

Justice Daye is expected to address the other charges of misconduct in a public office and perverting the course of justice when the case resumes Wednesday at 10:00 am.