‘We respectfully disagree’
JFJ charges that sentences for cops in Mario Deane case were too lenient
HUMAN rights group Jamaicans For Justice (JFJ) has joined those expressing disappointment over the sentences handed down to the cops in the Mario Deane case.
In the Westmoreland Circuit Court on Tuesday Corporal Elaine Stewart was sentenced to five years in prison for manslaughter, one year for misconduct in a public office, and one year for perverting the course of justice.
The sentences are to run concurrently so Stewart, who was granted bail pending appeal, would serve five years.
Her co-accused, district constables Marlon Grant and Juliana Clevon were both sentenced to three years for manslaughter and one year for misconduct, with the sentences suspended for three years.
Responding to sentences on Thursday, JFJ said it 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,” said JFJ in a media release.
Fraser is Deane’s mother.
The group said sentencing guidelines for manslaughter typically range from three to 15 years, and it had hoped the judge would accept the Office of the Director of Public Prosecutions’ recommendation for a higher starting point.
The group argued that an initial sentence closer to the upper end of the range, such as 10 years, before adjustments for mitigating factors like good character or aggravating factors like abuse of authority would be appropriate, “given the gravity of the officers’ negligence in causing Deane’s death”.
“While we understand the nuances of the mitigating and aggravating factors the judge considered, we respectfully disagree with the decision to suspend the sentences for Grant and Clevon, which fall short of the custodial penalties — at least one year in prison,” JFJ said.
According to JFJ, these lenient outcomes risk reinforcing a culture of impunity, as well as potentially undermining public trust in the justice system’s commitment to holding State actors accountable.
“JFJ stands in solidarity with Mercia Fraser, whose unwavering courage over a decade-long fight for justice has been met with this bittersweet outcome. We support her intention to pursue a civil remedy against the State for further accountability,” added the group.
It argued that Deane’s death remains a symbol of systemic failures within Jamaica’s law enforcement and justice systems, compounded by protracted delays that retarded justice for more than a decade.
“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,” JFJ said.
It added that it hopes the case outcome will act as a deterrence, ensuring that those with a duty of care — especially the police — recognise that restricting an individual’s liberties, such as freedom of movement, does not negate their fundamental human dignity or right to life, regardless of the offence for which they are charged or convicted.
“JFJ remains committed to advocating for systemic change and supporting victims of State abuse, standing with Mercia Fraser and all families impacted by State violence as they seek closure and justice,” the group added.