Defence wraps, prosecution to start closing arguments

Western Bureau:

With two witnesses, who were slated to testify on behalf of two of the three police personnel charged in the 2014 beating death of Mario Deane, failing to put in an appearance at the Westmoreland Circuit Court yesterday, the defence formally closed its case.

The case, which on Friday concluded its 29th day, will see no further evidence as the prosecution and defence now move on to making their closing arguments, after which the matter will go to the jury for a verdict.

At the start of yesterday’s sitting of the trial, attorney-at-law Dalton Reid, who is representing Corporal Elaine Stewart and Constable Marlon Grant, two of the three defendants in the case, informed presiding High Court Justice Courtney Daye that they would not be calling any witnesses for their clients but instead would be wrapping up their arguments for the jury. The third defendant, Juliana Clevon, is being represented by another attorney.

“My Lord, the prosecution, the foreman and members of the jury, at this time the defence will close its case for Ms Elaine Stewart, and the case for Mr Marlon Grant,” attorney Martyn Thomas, who is also representing both defendants, told the court.

No further evidence

In response, Daye said this meant there would be no further evidence coming from either the prosecution or defence.

On Thursday, all three defendants gave unsworn testimonies from the dock, claiming the charges against them were without merit as they had carried out their duties as per regulations and had done nothing wrong. They also challenged the veracity of the evidence given by an inmate, who had testified about seeing Deane being verbally abused by one of the defendants and being physically assaulted by another.

During yesterday’s hearing, it was also disclosed that the court would be reserving judgment on an outstanding item of evidence that had been brought up multiple times by the prosecution, regarding lockup administrative policy and which spoke to how inmates are to be treated while in custody.

The prosecution had previously tried unsuccessfully to enter the policy into evidence against the three defendants, based on earlier testimony from Deputy Superintendent of Police Kevin Francis, who was the commanding officer in charge of the Barnett Street Police Station lockup in St James at the time Deane was brutally beaten on August 3, 2014. Deane died three days later at the Cornwall Regional Hospital in the parish.

The trial will move into a new phase next Monday when the prosecution will begin its closing arguments. Following the prosecution’s summation, the defence will make its closing arguments, after which Daye will give his instructions to the seven-member jury who will ultimately decide on whether the defendants have been proven guilty.

christopher.thomas@gleanerjm.com