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No-evidence motion in beating of Mario Deane suspect

Published:Thursday | September 3, 2015 | 12:00 AMChristopher Thomas


The case against two inmates accused of beating Marvin Orr, one of the suspects in the death of Mario Deane while in police custody, last August, took a new twist on Thursday when the complainant expressed a desire not to continue the matter.

Orr was a complainant in the matter against Colin Malcolm and Omar Mitchell, who were charged before the Montego Bay Resident Magistrate's Court with assault occasioning bodily harm. The case had been set for trial on Thursday, when it was last mentioned on June 26

However, in an unexpected move, when Resident Magistrate (RM) Natalie Hart-Hines asked Orr if he wished to progress with the case against Malcolm and Mitchell, he said he did not.

"Do you want the case to be tried?" RM Hart-Hines asked Orr.

"No, miss ... I do not have any interest," Orr answered.


awakened by voices


As a result, RM Hart-Hines ordered that no evidence should be offered against Mitchell. She also ordered a warrant for Malcolm, who was absent from the proceedings, with the intention that a no-evidence motion should be made for him as well.

The allegations are that on August 14, 2014, Orr was asleep in his cell at the Barnett Street Police Station when he was awakened by voices.

It is further alleged that one of the two defendants accused him of urinating in the passage and ordered him to clean it. Mitchell then bashed Orr's head against the wall, and both men reportedly stepped in his stomach.

The alleged attack against Orr happened just over a week after Deane, who was initially taken into police custody for possession of a ganja spliff, was savagely beaten in his cell at the Barnett Street Police Station. Deane subsequently died in hospital on Independence Day.

Orr and two other inmates, Adrian Morgan and Damion Cargill, were later charged in connection with Deane's death. Their case will be mentioned on September 18.