Judge tells jury to weigh inmate’s testimony in Mario Deane trial

High Court judge Justice Courtney Daye today instructed the seven-member jury in the Mario Deane trial to carefully consider whether to accept the testimony of an inmate who reportedly witnessed Deane being mistreated by the police officers being tried for his death.

Continuing his summation of the case in the Westmoreland Circuit Court, Daye told the jury that they may accept all, part, or none of the inmate's testimony against Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant.

While defence attorneys have sought to discredit the witness, describing him as inconsistent and dishonest, Daye cautioned the jury against dismissing his testimony outright.

He pointed out that the inmate’s account forms a critical link to the charges of manslaughter, misconduct in a public office, and perverting the course of justice brought against the officers.

Daye also outlined that part of the prosecution's evidence centres on its claim that the defendants breached Deane's right to bail as well as to safety and care when he was in custody at the St James-based Barnett Street Police Station lock-up for possession of a ganja spliff on August 3, 2014.

While in custody, he was reportedly beaten and later died from his injuries on August 6, 2014, at the Cornwall Regional Hospital.

Daye reminded the jury that they must determine whether the accused officers, particularly Stewart, who was the senior officer on duty, failed in their duty of care and breached Deane’s constitutional rights.

Stewart, Clevon, and Grant are jointly charged with manslaughter and misconduct in a public office.

Stewart faces an additional charge of perverting the course of justice for allegedly ordering Deane’s cell to be cleaned prior to the arrival of investigators from the Independent Commission of Investigations.

- Christopher Thomas

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