Defence to deliver closing argument today

WESTERN BUREAU:

The attorneys representing the three police personnel who are criminally charged in connection with the beating death of Mario Deane will get a final chance to convince the jury of their clients’ innocence when they commence their closing arguments in the Westmoreland Circuit Court today.

Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant, who were all on duty at the Barnett Street Police Station on August 3, 2014, when Deane, who was arrested earlier that day for possession of a ganja spliff, suffered the fatal beating, are all charged with manslaughter and misconduct in a public office. Stewart is additionally charged with perverting the course of justice.

In delivering their closing arguments to the jury yesterday in the presence of High Court Justice Courtney Daye, who is presiding over the trial, prosecutor Kimberly Williams urged the jury to focus not on the “fluff” that came up during the cross-examination by the defence but instead on the strength of the evidence that was presented to them.

“I ask you, Mr [Jury] Foreman and members not to be sidetracked by any fluff that was done during cross-examination but to look at the cross-examination and to see whether the questions that were asked were significant,” said Williams.

“I ask you to arm yourself with the evidence that you have heard when you go into the jury room. Arm yourself with the observations you have made of the witnesses. Arm yourself with your everyday mark of appreciation of how you treat your neighbours, friends, and children when they are telling you something and you want to know if it is true or not. Dissect what they are saying [by] tearing it apart,” added Williams.

In urging the jury to side with the evidence presented by the Crown, Williams asked the jury to carefully examine the evidence that was presented and ask themselves if it met the burden of proof.

“Does the evidence that has been provided by the Crown allow you to return a verdict which is true from the evidence?” Williams asked the jury.

In speaking to whether Deane, who was 31 years old at the time of his death, was treated in accordance with how a person in custody should be treated, Williams asked the jury to consider if the requisite duty of care was provided to him.

PERVERTING COURSE OF JUSTICE

“Regarding duty of care, what was the duty of the officers at the cell to Mario Deane when they placed him in cell four with those four persons? When Ms Stewart summoned Reid (the remaining prisoner in the cell) to clean it, she was perverting the course of justice. When they neglected their duties, they wilfully misconducted themselves,” said Williams.

“So, Mr Foreman and members, as you go to the jury room, arm yourself with all the information. Look at it and make your decision,” added Williams.

According to reports, on the morning of August 3, 2014, Deane, who resided in Rosemount in Montego Bay, was on his way to his construction job when he was stopped and search by a police patrol. He was reportedly taken to the Barnett Street Police Station, where he was formally charged and placed into custody.

Shortly after he was charged, a family friend came to bail him, but the process broke down and the bail process was not completed. He was reportedly placed back in a cell with three men of unsound mind. It was during that time that he suffered the fatal beating. It remains unclear who administered the beating.

Following the beating, Deane was transported to the Cornwall Regional Hospital in an unresponsive state. He died three days later without regaining consciousness. His death sparked local and international outcry with demonstrations here in Jamaica and in the United States.

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