Witness testifies from beyond the grave, says he was not allowed to bail Deane

WESTERN BUREAU:

The Westmoreland Circuit Court yesterday heard the deposition statement of the now-deceased Castel McKenzie, the man who was not allowed to bail Mario Deane after he was arrested for possession of a ganja spliff and taken to Barnett Street Police Station, in Montego Bay, St James, on August 3, 2014.

Shortly after being denied bail, Deane suffered a brutal beating inside the lock-up at the police station and was later taken to the Cornwall Regional Hospital (CRH) in an unresponsive state. He died three days later without regaining consciousness.

Corporal Elaine Stewart, and constables Juliana Clevon and Marlon Grant, who were on duty at the police station at the time of the incident, were later charged in connection with Deane’s death.

McKenzie’s deposition statement, which was written in 2015, was read aloud in court to the seven-member jury, who will decide the fate of the three accused police personnel.

“I recall Sunday, August 3, 2014, as I was at work when I received a call from Mario Deane. As a result, I went and got a bail bond paper and I took it by the Barnett Street station ... . I saw Corporal Stewart, and I gave her the bail bond paper and a photo, and she took it and sent for Mario Deane,” McKenzie’s deposition read.

“When Mario Deane came at this time, he appeared normal to me. Ms Stewart said, ‘Mario Deane not even know him address,’ and Mario Deane turned to her and said, ‘It’s in that book,’ referring to the station diary,” McKenzie’s deposition continued. “Mario Deane said, ‘That is why I don’t like police,’ and I took my hand and made a signal to him to be quiet. Ms Stewart handed me back the papers, and she turned to me and said, ‘Come back at 5:00,’ and to me, the tone she used was not a good tone at this time.”

It was revealed earlier in the trial that, while Deane could have got bail in his own surety, since he was taken into custody for possession of a ganja spliff, he required a surety to bail him because he could not give the police clear directions to his address.

McKenzie stated that, when he returned to the police station at 3 p.m. that same day, Stewart told him that Deane had been beaten by prisoners. The witness then said that the next time he saw Deane was later that same day at the CRH, where he was admitted as a patient.

“I went to the CRH and saw Mario Deane lying on a bed. He looked different, totally different. I saw blood coming out of his ears, I saw blood coming out of his nose, I saw a brace on his neck that he never had before, and I saw a stab [wound] on his left shoulder, and it looked like a pen stab,” McKenzie’s statement read. “His chest, it was like he got beaten on his chest. His face looked totally different, as his head was battered and swelling.”

The deposition was read in court following an application from the prosecution, in keeping with the terms of the Evidence Act, on the grounds that the witness had died prior to the start of the trial.

OTHER WITNESS

Meanwhile, the court was told that the prosecution will secure the evidence of another witness, the pathologist who performed the autopsy on Deane’s body, via the online Zoom platform. That arrangement has been made necessary because the witness is overseas.

Additionally, the cross-examination of Deputy Superintendent of Police Kevin Francis was concluded during Thursday’s hearing, with him telling the court that he could not recall how many cell blocks were in operation at the Barnett Street lock-up in 2014.

High Court Justice Courtney Daye subsequently adjourned the trial for continuation on Tuesday, March 25, and extended the three police officers’ bails to that date.

Stewart, Clevon, and Grant are charged with manslaughter, misconduct in a public office, and taking steps to pervert the course of justice, under allegations that they were on duty at the Barnett Street Police Station lock-up when Deane was beaten while in custody there on August 3, 2014.

It is also alleged that Stewart, the senior officer on duty, ordered the cleaning of the cell where the beating took place before investigators from the Independent Commission of Investigations arrived.

christopher.thomas@gleanerjm.com