‘We are ready’

WESTERN BUREAU:

Attorney-at-law Dalton Reid, who represents Constable Juliana Clevon, one of three police officers charged in connection with the death of Mario Deane, has welcomed the decision to transfer the trial to Westmoreland.

Deane, 31, died three days after suffering severe injuries from a brutal beating while in custody at the Barnett Street Police Station in St James. He had been arrested on August 3, 2014, for possession of a small amount of ganja.

Yesterday, after the court informed the defendants – including Clevon, Corporal Elaine Stewart, and Constable Marlon Grant – of the new trial venue and a resumption date of February 17, 2025, Reid expressed his satisfaction.

He was particularly pleased that High Court Justice Bertram Morrison rejected a request to transfer the trial to Kingston, fearing it could be financially damaging for his clients.

“The defendants are not wealthy, and they’ve been out of work for over 10 years,” Reid explained to The Gleaner.

“Transferring the case to Kingston would have created significant financial hardship. This trial is expected to last around eight weeks due to the volume of evidence and witnesses, which is a conservative estimate.”

Reid noted that staying in Kingston for such an extended period would have been unsustainable for Constable Clevon, who cannot afford the extra costs.

“Westmoreland is a more practical location for the defence team. I can travel there daily. While it might be tiring, it’s far more feasible than staying in Kingston for this lengthy trial,” Reid added.

The decision to move the case follows delays, particularly related to difficulties with jury selection in St James. On Thursday, Justice Morrison ruled that the trial should be moved due to challenges with empanelling jurors. Court officials revealed that none of the 300 jury summonses for the St James Circuit Court had been successfully served due to vague addresses and jurors’ reluctance to cooperate with the police.

CAUTIOUS OPTIMISM

While Reid and his colleagues are satisfied with the move to Westmoreland, Jamaicans for Justice (JFJ), through Executive Director Mickel Jackson, expressed cautious optimism. JFJ acknowledged the transfer as a positive step but urged that systemic issues causing delays be addressed.

“While this transfer represents a step forward in addressing the delays that have plagued the case for nearly a decade, we urge the State to ensure that this venue change results in meaningful improvements to the pace and integrity of the trial. Specifically, it is critical that systemic issues fuelling these delays are closely monitored and rectified,” Jackson said.

She added, “While the transfer aims to address the delays, we are not confident that it alone will necessarily result in improved police action. From what was articulated in court, Westmoreland tends to have a better juror turnout. However, we urge the registrar of the court to ensure timely preparation of the jury list, and we especially urge the police to ensure that the jury summonses are served in a timely manner and greater efforts are made for potential jurors to appear before the courts.”

The case was moved after the prosecution’s application to transfer the trial to the Home Circuit Court in Kingston was denied. Defence attorneys Reid and Martyn Thomas, who represents Stewart and Grant, argued that transferring the trial to Kingston would increase the cost and complexity of the case. The judge ultimately ruled in favour of transferring the case to Westmoreland, citing the difficulties in St James.

UP TO EIGHT WEEKS

Reid confirmed the legal team is prepared to defend their clients. “We are ready,” Reid said. “The case file is large, and we expect the prosecution to call many witnesses. Based on the evidence, we anticipate the trial will last up to eight weeks.”

Stewart, Clevon, and Grant face charges of manslaughter, misconduct in public office, and perverting the course of justice. The charges stem from an incident at the Barnett Street Police Station, where Deane, after being arrested for possession of a small amount of ganja, was severely beaten reportedly by other detainees.

The beating caused extensive internal injuries, and Deane died at the Cornwall Regional Hospital three days later. An autopsy confirmed that Deane’s injuries were consistent with a violent assault.

It is also alleged that Stewart, the senior officer on duty at the time, ordered the cleaning of the holding cell where Deane was assaulted before investigators from the Independent Commission of Investigations (INDECOM) arrived.

The case has garnered significant attention due to the allegations of police misconduct and the public outcry over Deane’s death. The trial is expected to shed more light on the events leading to his death, as well as the systemic issues within the police force that may have contributed to the incident.

christopher.thomas@gleanerjm.com