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Medication issue halts Mario Deane case

Published:Friday | December 11, 2015 | 12:00 AMChristopher Thomas
Deane

WESTERN BUREAU:

The case against the three inmates charged in the beating death of Mario Deane hit a snag in the

St James Circuit Court Wednesday. A halt was called after the court was told that there was uncertainty as to whether or not the men, all of whom have mental challenges, were getting their medication while in custody.

The men, Marvin Orr, Adrian Morgan and Damion Cargill, who are charged with murder in relation to Deane's death, were remanded in custody following their appearance in the St James Circuit Court on Wednesday. They are to return to court on December 18.

Attorney-at-law Stacey-Ann Young, who is representing Orr, told High Court Justice Courtney Daye that the acquisition of the medical records for the men, who suffer from mental challenges, had been a perpetual problem when the matter was previously before the Resident Magistrate's Court.

"It is a situation where all three men suffer from certain psychological issues. We had asked, in the lower court, that we be given records that these men are being given their medication, and this is what we are waiting on," said Young.

 

Previous assessments

 

"Even if there is no report, the facilities have some history (of the defendants), and reference can be made to that ... we are not going to come here for two or three years and hear that they are sick and we cannot have a trial," Justice Daye replied.

Meanwhile, Cargill's lawyer Franklin Haliburton said that previous assessments of his client, who is hearing-impaired, have not given results conclusive enough to take the case against Cargill to trial.

"Mr Cargill is hearing-impaired and mute, and as a consequence, it brings into question his ability to undergo a trial of this nature ... there were orders made for him to be mentally assessed, and all those reports have come back inconclusive because the medical practitioners have a difficulty in communicating with him," said Haliburton.

Justice Daye subsequently put the case off until December 18. Cargill, Orr, and Morgan are charged in relation to Mario Deane's death on April 6, 2014, following a beating Deane sustained at the Barnett Street lock-up three days earlier.

Orr and Morgan were arrested and charged following Deane's death, while Cargill was charged in April this year.