DPP explains where cops in Mario Deane death went wrong
JAMAICA’S chief prosecutor Paula Llewellyn, King’s Counsel, says the series of actions by the three cops convicted for the death of construction worker Mario Deane while he was in their custody is a chilling example of bad customer service from public servants sworn to do better.
Corporal Elaine Stewart and district constables Marlon Grant, and Juliana Clevon — all of whom are charged with manslaughter by gross negligence, misconduct in a public office, and doing acts intended to pervert the course of justice — were convicted by a jury on May 22 in the Westmoreland Home Circuit Court for the 2014 incident and are to be sentenced in July.
Speaking during the opening session of the Jamaica Civil Service Association’s annual general meeting in the Corporate Area recently, the director of public prosecutions, in sharing with the audience the facts relating to the actions of the cops on the day in question, said: “That is not right, not good customer service.
“In that case, let me show you where they [convicted cops] went wrong. Here it is: Mr Mario Deane, member of the public, was taken into custody, charged for possession of ganja, offered station bail in his own surety. He could not provide directions to where he lived [a requirement when taking up bail in your own surety], he was told to provide a surety and by 10 am the morning his surety arrived. Mr Deane was brought from cell number one to the reception area. The woman corporal was there and she heard when he said, ‘That’s why mi nuh like police,’ and you know what the woman corporal did? She said to the surety, ‘Give me the papers. Come back at 4 o’clock,’ ” the DPP outlined.
What happened next, she said, led to the matter being distinguished as one of the rare cases wherein the offence of misconduct in public office was successfully prosecuted.
“They took him and put him in cell number four, where there were persons there who have no ability to reason and who tended to be violent, and he could be heard being beaten, screaming, and they did nothing until about 5 pm [when] they discovered that he was literally unconscious. They called the ambulance; he was taken to hospital and he only survived about two or three days. Then the woman corporal took a bucket with cleaning agents and gave somebody in cell number four to clean the place,” the DPP said, evoking expressions of anguish from the audience.
“What they should have done [as public servants] is process [him]. It doesn’t matter that he was saying, ‘Mi nuh like police.’ You can’t be thin-skinned like that. What they should have done, the surety was there at 10 o’clock, process him and let him go about his business. When they could have had him processed from in the morning, they kept him in an area which was injurious to his health. That is not right, not good customer service,” the veteran prosecutor declared.
In driving home the importance for members of the public service to treat people respectfully while performing their duties, the DPP said: “You are the only association like this which is provided for under the constitution, and as somebody who also has constitutional authority it means that you always have to make sure that you remain and you are the crème de la crème of associations that lobby for your workers and your employees. But, I take the view that with that responsibility you have other responsibilities to the public of this country.
“It has been said that there are three types of persons in the world — those who make things happen, those who wonder what happened, and those who watch what happened — and I say to all of you, members of the council, which one are you?” she said further.
“Let us segue into your workspace: Have you ever seen a colleague — obviously not in the best of moods — refuse to extend themselves and they don’t bother because they have the power, or maybe they are annoyed, and the person who needs the service has to come back the next day or the next day? That is what I want to rivet your attention on. So with the great strides the Jamaica Civil Service Association has made, you must make sure that customer service becomes part of the DNA; you have one or two people who the public service is their side hustle,” the DPP said.
Addressing the audience ahead of the DPP, head of the association Techa Clarke-Griffiths had thrown down the gauntlet to the political directorate in presenting the members of the general council.
Targeting her remarks at state minister in the Ministry of Finance and the Public Service Zavia Mayne, who represented Finance Minister Fayval Williams, she said: “And, of course, Minister Mayne, we are 32 executive members strong, five officers strong, 141 council members strong, 30,000 and counting members strong, and so I stand here in a negotiating year and an election year telling you that we are strong. And I lead this institution of strong women and men who will be championing the cause for the upcoming negotiating period for 2025 and beyond.
“As we celebrate 106 years of the Jamaica Civil Service Association I stand before you. We are more than an organisation — we are a movement rooted and grounded in history. As we move ahead we do so with an awareness of the issues that demand our leadership: violence against women and girls and violence and harassment in the world of work remains a global crisis that strikes at the very fabric of dignity and workplace equity,” Clarke-Griffiths said.
“Our commitment to workers goes beyond the workplace, we are pressing for access to affordable housing solutions for public sector workers because security and dignity begin at home. We believe that every public servant who contributes to the National Housing Trust deserves a place to call their own,” she said to applause.