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Cops on duty when Mario Deane killed to stand trial
DEANE ... beaten in a cell at theBarnett Street Police Station in2014.
News
Anthony Lewis | Observer Writer  
May 4, 2018

Cops on duty when Mario Deane killed to stand trial

MONTEGO BAY, St James — The presiding judge in the case of the three police officers charged in relation to the 2014 death of St James resident Mario Deane has ruled that the three have a case to answer.

The ruling by St James Parish Judge Sandria Wong Small came yesterday in the St James Parish Court, after several delays in the past.

The three police officers implicated in Deane’s death are: Corporal Elaine Stewart, 50; District Constable Marlon Grant, 27; and 32-year-old District Constable Juliana Clevon.

All three have been charged with manslaughter, perverting the course of justice and misconduct in a public office.

Corporal Stewart, who is the most senior of the three, allegedly gave instructions for the cell in which the fatal beating took place to be cleaned.

Judge Wong Small, in her ruling, noted that having reviewed the evidence before the court, she had found a prima facie case. A prima facie case is one in which the evidence produced is sufficient to enable a decision or verdict to be made.

“Therefore, having stated all of that, it is my intention Mr (Martyn) Thomas, (one of two defence lawyers), to commit all of these matters for trial to the next sitting of the Circuit Court (September) against all of the defendants,” she continued.

All three are currently out on bail.

The matter was then stood down, in order to address the issue of sureties for the accused police personnel.

When the matter resumed, Thomas asked for the committal proceeding to take place on Monday, May 7, as one of the sureties was coming from Mandeville. He said if the committal proceeding should take place on Friday, one of his clients would end up spending the weekend in jail.

Monday’s date was then granted by Judge Wong Small.

Yesterday’ ruling ends months of anticipation after the court was originally scheduled to give a ruling in September of last year. However, this was not done due to the failure of the defence team to submit, in writing, their closing submission to the court, in advance, for the judge to make a decision.

In the past, the case was hampered on several occasions by various issues, including the failure of witnesses to make appearances in court to give evidence, the unavailability of a police officer who was off the island, and the ongoing ventilation issues at the Cornwall Regional Hospital which had prevented a witness from being examined before making an appearance in court.

After court yesterday, Deane’s mother Mercia Fraser said she was happy with how the case was proceeding.

“I can’t explain it. You ever watched a movie where the plane is hijacked or a building with people in it? That’s how I feel, that this case has hijacked my life,” said Fraser, who pointed out that everything she does in her life is done to accommodate the case so she can be present at every court proceeding.

“The day before (Wednesday) I was really tense. Yesterday (Thursday) I was really confused. Today (Friday) I am really relieved that it (the case) is going somewhere and at least I can see some form of justice coming out of it,” Fraser said.

In the meantime, Thomas told the media that the defence will not appeal the ruling.

“The judge’s ruling was quite detailed and at this stage we won’t be challenging that ruling, but we are looking…, to deal with the case at Circuit,” the attorney said.

He added: “What I can say is that the evidence will speak for itself, and I am confident that all accused will be exonerated at the end of the day.”

Thomas, when asked if the killing of a witness — 24-year-old Fahdeal Ferguson of Spring Mount in St James — by gunmen will impact the defence team’s case, he reiterated: “Certainly. Certainly. And, it is an issue that we will address when we get to the Circuit Court.”

Deane was taken into custody at the Barnett Street Police Station for possession of a ganja spliff on August 3, 2014.

However, he died three days later in hospital after receiving severe injuries to the head while in custody.

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