JFJ hails convictions, disappointed with ‘lenient’ sentence in Mario Deane case
KINGSTON, Jamaica – Advocacy group Jamaicans for Justice (JFJ) has welcomed the “historic convictions” of three cops in the Mario Deane case but says they should have spent at least one year in jail.
Corporal Elaine Stewart and District constables Marlon Grant, and Juliana Clevon were sentenced on Tuesday. Stewart to five years for manslaughter, one year for misconduct in a public office, and one year for perverting the course of justice (concurrent) and the constables to three years for manslaughter and one year for misconduct suspended for three years.
The allegations are that Mario Deane was arrested in 2014 for possession of a ganja spliff and was beaten in custody, sustaining injuries which led to his death.
“JFJ welcomes the historic convictions for manslaughter by gross negligence and misconduct in a public office, a rare achievement in Jamaica, where such prosecutions are uncommon due to complex legal nuances. We acknowledge the severity of Corporal Stewart’s sentence, particularly for obstructing justice by ordering the cleaning of the crime scene, as an appropriate judicial response. However, we share Mercia Fraser’s profound disappointment with the suspended sentences for Grant and Clevon,” JFJ said on Thursday.
All three cops walked free following the sentencing in the Westmoreland Circuit Court, as Stewart was granted bail pending an appeal.
The advocacy group pointed to sentencing guidelines for manslaughter, which it said typically range from three to 15 years.
“JFJ had hoped the judge would accept the Office of the Director of Public Prosecutions’ recommendation for a higher starting point—meaning an initial sentence closer to the upper end of the range before adjustments for mitigating factors like good character or aggravating factors like abuse of authority—given the gravity of the officers’ negligence in causing Deane’s death,” it contended.
While expressing understanding of the factors the judge considered, JFJ said it “respectfully disagrees with the decision to suspend the sentences for Grant and Clevon, which fall short of the custodial penalties—at least one year in prison—that JFJ anticipated.”
JFJ described the suspended sentence, which allows the cops to go free unless they commit another offence within the three-year period, as “lenient” and said it risked reinforcing a culture of impunity, as well as potentially undermining public trust in the justice system’s commitment to holding state actors accountable.
Expressing support for Fraser, JFJ said Mario Deane’s death remains a stark symbol of systemic failures within Jamaica’s law enforcement and justice systems.
“While the convictions mark a step forward, the justice system must deliver equitable and appropriate consequences to restore public confidence and prevent future tragedies. We call for comprehensive lockups and prison reforms; the safeguarding of human rights in custody; investment in police training; independent oversight and accountability mechanisms that prevent abuse before it occurs, ensuring that no family has to endure such a loss again,” it said.