THE MARIO DEANE TRIAL – DAY 7
Trial judge raises concern over media coverage
Published:Sunday | March 23, 2025 | 9:54 PMChristopher Thomas/Gleaner Writer
WESTERN BUREAU:
High Court Justice Courtney Daye, the presiding judge in the trial of three police personnel implicated in the 2014 beating death of Mario Deane, is urging members of the media to be mindful of how they disseminate information pertaining to the case.
Addressing the Westmoreland Circuit Court prior to adjourning Tuesday’s seventh day of evidence in the trial of Corporal Elaine Stewart and constables Juliana Clevon and Marlon Grant, Daye said that there are reports about witnesses in the matter conducting interviews while the trial has been underway.
“There is a concern about witnesses who have given evidence, giving interviews to the media after giving evidence. The concern would be that if witnesses make certain comments or opinions, then that can lead to a matter that can be prejudicial, either to the prosecution or the defence,” said Daye.
“The policy is that the media should exercise care in interviews given by witnesses during the trial, and the media should exercise care in putting out the names of witnesses and other parties. The trial is a public trial, but they should exercise care in putting out the names of the parties,” added Daye, who noted that no specific complaints about breaches of court policies have been made.
RIGHT TO A FAIR TRIAL
Daye also noted that, while he was making a distinction between traditional news media and social media, he has to ensure that the three defendants’ right to a fair trial is upheld.
“I do not really listen to social media, but a lot of commentaries and opinions are expressed that could be prejudicial to one side or the other. The judge has a duty to ensure the trial is conducted fairly, [and] a lot of self-monitoring must be done by the media in a case like this,” said Daye.
The judge made his comments shortly after Deputy Superintendent of Police Kevin Francis, whose evidence-in-chief was previously stalled due to illness, retook the stand to complete his testimony for the prosecution.
Francis, who was the commanding officer in charge of the Barnett Street Police Station in St James at the time Deane was beaten while in custody at the station on August 3, 2014, told Tuesday’s hearing that he gave two statements to the Independent Commission of Investigations (INDECOM) on August 9 and September 10 that year. He also testified that the security camera system at the Barnett Street lockup, which was referenced during his previous testimony on March 7 this year, was inconsistent in terms of its functionality during the period leading up to August 3, 2014.
UNCOOPERATIVE
The court also concluded the cross-examination evidence of Corporal Orville Williams, the subofficer at the Barnett Street lockup at the time Deane was brought into custody on August 3, 2014. Williams testified on Tuesday that he left Deane on a bench in the lockup’s processing area while hoping that Deane, who he had previously described as uncooperative, would eventually cooperate with the police.
Additionally, the prosecution served a document bundle to defence attorneys Martyn Thomas and Dalton Reid in relation to the deposition evidence of a witness who is now deceased. The attorneys are expected to peruse the documents by the time the trial resumes tomorrow.
Stewart, Clevon, and Grant are on trial for manslaughter and misconduct in a public office, under allegations that they were the police personnel on duty at the Barnett Street Police Station lockup at the time Deane was beaten. Deane, a 31-year-old construction worker, was admitted to the Cornwall Regional Hospital in an unresponsive state and died three days later.
Stewart is also charged with perverting the course of justice for allegedly ordering the cleaning of the cell where the beating took place before INDECOM investigators arrived.