Judge in Mario Deane trial rejects prosecution's attempt to recall witness and defence's request for jury to visit lock-up

The prosecution in the Mario Deane trial, while formally closing its case today, made an unsuccessful application to recall one of its earlier witnesses in relation to lock-up administration rules.

Prosecutor Kimberly Williams made the application in the trial of Corporal Elaine Stewart and constables Juliana Clevon and Marlon Grant, who are charged in relation to Deane's death, for Deputy Superintendent of Police Kevin Francis to be recalled to expound on the Jamaica Constabulary Force's lock-up administration policy, which outlines how prisoners in custody are to be treated.

However, presiding High Court Justice Courtney Daye rejected the application on the basis that the policy is a publicly accessible document, that Francis had not created the policy, and that the document's absence from evidence would not hurt the prosecution's case.

Daye also rejected an application from defence attorney Martyn Thomas for the jury to be allowed to visit and examine the Barnett Street Police Station lock-up, where Deane was beaten while in custody there on August 3, 2014 for possession of a ganja spliff.

Daye declared that no evidence has been presented throughout the trial that would justify visiting the facility, and that the defence's application in that regard was weak.

The case was eventually adjourned to Thursday, May 8, when the defence will make a no-case submission in the matter.

Stewart, Clevon and Grant are charged with manslaughter and misconduct in a public office, arising from Deane's death on August 6, 2014, three days after he was beaten.

Stewart is also charged with perverting the course of justice, under allegations that she ordered the cleaning of the cell where Deane was beaten, prior to the arrival of investigators from the Independent Commission of Investigations.

- Christopher Thomas

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