Delayed justice angers judge – Jamaica Observer

MONTEGO BAY, St James – Referring to the almost decade-long delay in determining whether three police officers were guilty of the death of Mario Deane while he was in the police lock-up in St James, High Court Judge Bertram Morrison said on Monday clearly his preference to transfer the stalled case elsewhere.

“The Crown should actively consider a change of venue because it is an embarrassment that we are celebrating 10 years. The suspect has human rights and this also applies to the relatives of the victims, who have the expectation that this case must be tried and concluded. That cannot be achieved in this current scenario,” he said on Monday when the case was referred to the St. James Circuit Court.

“I make a decision because this case should – in my opinion, and I expect it will be embraced – be transferred and never tried in St. James; never!” said a stalwart Judge Morrison.

His comments came after the court was again told the trial could not go ahead because no jurors were available.

The members of the Jamaica Constabulary Force (JCF) on trial are Corporal Elaine Stewart, along with Constables Juliana Clevon and Marlon Grant. They are charged with manslaughter, perverting the course of justice and misconduct in public office in connection with the 2014 assault that killed Deane.

As part of the process, jurors must be confirmed. For that to happen, they must receive a summons to appear for jury duty. These notices are made by JCF members to citizens who are often reluctant to serve.

On Monday, Judge Morrison pointed out the consequences of the police’s failure to fulfill their duty.

“So it becomes an application by the Crown for a postponement due to insufficient jurors, zero jurors. Three hundred summonses have been sent to be served by the police. Now read what you can find in there,” he said.

He continued cryptically: “Who is on trial?”

“The case concerns police officers,” the Crown replied.

“Okay, so you can’t see what’s happening? And mind you, is the DPP (Director of Public Prosecutions) office not in a position to remedy this situation?” That’s what Judge Morrison said.

“It cannot be that these three defendants, who are presumed innocent until proven guilty, do not want this case to go to trial. That can’t be true,” he said.

Apparently dissatisfied, he then indicated that he would “now put everything on paper,” and the Crown was asked to provide a chronicle of the case. In addition to the issue raised Monday, other reasons cited for the nearly decade-long delay include the general postponement of jury trials during the COVID-19 pandemic, a delay in obtaining representation from Constable Clevon, challenges with witnesses and jurors dealing with other matters. , and a general inadequacy in the number of persons willing to serve as jurors.

The case has been adjourned several times since it was first brought to the St James Circuit Court in 2018.

On Monday, in response to Judge Morrison’s concerns about the JCF’s inability to subpoena jurors, the Crown suggested the Chief Inspector of Police might be able to shed light on the case.

However, the judge rejected the proposal to allow the senior officer to take the stand.

“Self-inflicted wounds,” he said curtly.

“The matter is to set a date for the listing on November 14. Bail will be extended for all three,” Judge Morrison later told the suspect.

It is claimed that Deane was arrested for possession of a cannabis joint and taken into custody where he was brutally beaten on August 3, 2014. He suffered serious injuries to his brain, which left him in a coma. He died three days later at Cornwall Regional Hospital in St James.

It is alleged that the three officers were on duty at the police station at the time Deane was struck. It is further alleged that Corporal Stewart gave instructions to clean the cell where the attack took place before investigators from the Independent Commission of Investigations arrived.

Following Deane’s death, police charged Adrian Morgan and Marvin Orr, who were also in custody at the time.

Both men, who suffer from schizophrenia, pleaded guilty to manslaughter and were sentenced to five years and six months. However, they had already been in custody for six years, so in July 2020 they were released based on time served.

A third man, Damion Cargill, was charged in 2015. However, he was declared unfit to answer the charges or stand trial. In July 2017, he was released into the care of his family.

In May 2014, St James Parish Judge Sandraa Wong Small ruled that the three officers should stand trial. Stewart was 50 at the time, Clevon 32 and Grant 27 years old.