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DPP to be contacted on fate of third Mario Deane defendant

Published:Thursday | April 30, 2015 | 4:00 AM

WESTERN BUREAU:

The Montego Bay Resident Magistrate's Court is to make contact with the Office of the Director of Public Prosecutions (DPP) to determine how to proceed in prosecuting the case against Damion Cargill, the third defendant to be charged in the Mario Deane murder case.

Presiding magistrate Carolyn Tie made the order during Cargill's first appearance in court yesterday, in response to an application by his attorney Franklin Haliburton for two psychiatric evaluations to be done to determine the defendant's fitness to stand trial.

"I ask that two psychiatric evaluations be done in relation to Mr Cargill, in respect of the fitness of the defendant before the court," said Haliburton.

"The challenge is that he (Cargill) cannot be so assessed because he cannot be communicated with," Tie replied, referencing concerns that had previously been raised about communication difficulties with the defendant, who is deaf-mute and mentally challenged.

"If he cannot be communicated with, this court would be in grave difficulty, in starting a preliminary enquiry. I am going to make an order that the clerk of the court have further discussions with the DPP's office as to the way forward ... , depending on what is said there, I may entertain the application," Tie continued.

facilitate discussions

The case was subsequently set for mention on June 5, to facilitate those discussions and to complete full disclosure of documents to Haliburton.

Cargill, who was formally charged with murder earlier this month, in relation to Deane's death, is one of three inmates who were at the Barnett Street lock-up at the time, to be charged.

Marvin Orr and Adrian Morgan, the other two defendants in the case, were arrested and charged some time after Deane's death. They were not present during Cargill's court appearance yesterday.

christopher.thomas@gleanerjm.com