Application for jury to visit cell rejected

WESTERN BUREAU:

The presiding judge in the Mario Deane trial yesterday rejected an application from the defence team of the three police personnel implicated in Deane’s death, for the trial’s seven-member jury to be allowed to visit and examine the cell where Deane was beaten on August 3, 2014.

High Court Justice Courtney Daye made the ruling during the Westmoreland Circuit Court’s latest hearing of the case against Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant, after defence lawyer Martyn Thomas applied for the jury to visit Deane’s cell at the Barnett Street Police Station lock-up in St James.

“The grounds on which the applicants (defendants) are seeking these orders are that the physical layout of the location is material to the issues being discussed. The location has not been materially altered since the incident, and such a visit is crucial to the interest of justice. For the benefit of the jury and all other parties, an opportunity can be given for us to go there and appreciate the questions the attorneys are asking,” Thomas said in making the application.

“There is no evidence to support the application, so it is a weak application. The defence team has a concern that the physical layout of the lock-up is important to their defence … [but] I do not see the basis to visit the Barnett Street lock-up,” Daye replied, while also pointing to previous evidence that forensic investigators had taken samples from the location while investigating Deane’s death.

Daye also rejected an application from prosecutor Kimberly Williams to recall an earlier witness, Deputy Superintendent of Police (DSP) Kevin Francis, to testify further on his previous evidence regarding the Jamaica Constabulary Force’s lock-up administration policy. That application was made moments before the prosecution formally closed its case, having marshalled evidence from 15 witnesses to date.

“What we are dealing with in this application is the admissibility of evidence, and not just evidence, but documentary evidence. DSP Francis is not the maker of the document, and that is what will be required to elevate the document into an exhibit…the absence of the document is not fatal to the prosecution’s case,” said Daye.

The case was eventually adjourned for continuation today, with Thomas and fellow defence lawyer Dalton Reid expected to make no-case submissions on behalf of their clients.

Stewart, Clevon, and Grant are on trial for manslaughter and misconduct in a public office in relation to Deane’s death on August 6, 2014, three days after he was beaten while in custody at the Barnett Street lock-up for possession of a ganja spliff.

Stewart is also charged with perverting the course of justice, where she allegedly ordered Deane’s cell to be cleaned before the arrival of investigators from the Independent Commission of Investigations.

christopher.thomas@gleanerjm.com