Senior cop battles illness as he resumes testimony

WESTERN BUREAU:

Deputy Superintendent of Police (DSP) Kevin Francis, whose absence derailed Monday’s scheduled sitting in the trial of the three police personnel charged in the Mario Deane beating death case, was back on the stand today but it was clear he was not well as he struggled through his testimony.

Francis, who is the prosecution’s second witness in the trial of Corporal Elaine Stewart and constables Juliana Clevon and Marlon Grant, began his testimony in the Westmoreland Circuit Court last Friday but was not available to continue on Monday after he called in sick.

During yesterday’s proceedings, Francis struggled to give audible responses to questions from lead prosecutor Kimberly Williams, even with the assistance of a microphone and the courtroom’s built-in speaker system. He periodically had to sip from a bottle as he gave his evidence. At one point, he put on a surgical mask when courtroom personnel distributed masks to attendees.

“DSP, are you on medication at this time?” Williams asked him at one point.

“Yes, and I feel drowsy. I am having congestion and it is affecting my ability to speak,” explained Francis.

Despite his difficulty, Francis, who was in command of the Barnett Street Police Station lockup in St James at the time Deane was beaten while in custody at the facility on August 3, 2014, was able to tell the court that the station had a general station diary and a separate cell diary for the lockup.

He explained that, depending on the layout of certain police stations, there may be two diaries as opposed to just one, if the cell block is a significant distance away from the main station building or guardroom.

REGULAR BRIEFINGS

Francis also told the court that the subofficer in charge of a station would give regular briefings to the officers on duty as it relates to the police force’s use of force policy and the welfare of prisoners in custody.

“The welfare of prisoners involves their safety, ensuring that checks are made and visits are done to see that they are alive and well, and it also speaks to ensuring their meals are served on time. Prisoners’ safety also refers to ensuring that they are properly locked away inside their own cells,” said Francis.

Presiding High Court Justice Courtney Daye eventually adjourned the trial until this morning, when Francis’ evidence-in-chief will continue.

Stewart, Clevon, and Grant are charged with manslaughter and misconduct in a public office, under allegations that they were the personnel on duty at the Barnett Street Police Station lockup at the time when Deane was beaten. Deane died at the Cornwall Regional Hospital three days later.

Stewart, the senior officer in charge at the time of the incident, is also charged with perverting the course of justice. She allegedly ordered the cleaning of the cell where the beating took place before investigators from the Independent Commission of Investigations arrived.

christopher.thomas@gleanerjm.com