Lawyers get more time to review photos, videos
WESTERN BUREAU:
The trial of three cops charged in the 2014 beating death of Mario Deane was yesterday adjourned until Thursday to give the defence lawyers time to review photos and videos submitted as evidence by the Independent Commission of Investigations (INDECOM).
Presiding High Court Justice Courtney Daye, who is presiding over the trial, set the new date on what was the 11th day of testimony in the case against Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant, who are facing multiple charges arising from Deane’s death.
The adjournment came after the court was told that defence lawyers Martyn Thomas and Dalton Reid had not yet viewed all the relevant files, including images of Deane when he was hospitalised prior to his death on August 6, 2014.
“The question was posed as to whether there are any images that were to be submitted into evidence. For whatever reason, they are not opening, and I need to see them before I am in a position to continue,” Reid said in a motion seconded by Thomas.
It was also disclosed that the matter would not be able to continue on Tuesday due to a scheduling conflict for one of the jurors, or on Wednesday, as the judge would not be available.
The matter of the video evidence came up during the evidence-in-chief of Peter Parkinson, INDECOM’s chief crime scene examiner, who told the court that he had photographed and video-recorded sections of a cell at the Barnett Street Police Station lock-up in Montego Bay, St James, on August 3, 2014. Deane was beaten at the facility earlier that day while in custody for possession of a ganja spliff.
Parkinson testified that while inspecting the cell, he saw several stains resembling blood on the walls, doorjamb and on a metal post affixed to a bunk bed in the room. He said he he took three swab samples from the stains for testing.
Parkinson said he also took photographs of Deane’s injuries when he was at the Cornwall Regional Hospital on August 5, 2014 – a day before he died.
He then attended the post-mortem examination on September 2, 2014, where he received samples of Deane’s blood, fingernail clippings, bile, and stomach contents from the pathologist. He said he also received Deane’s bloodstained trousers from his mother, Mercia Fraser.
The witness’ evidence-in-chief is expected to continue on April 3, by which time the defendants’ lawyers and the prosecution should be in agreement on which images from the submitted DVD will be admitted into evidence.
Stewart, Clevon, and Grant are charged with manslaughter and misconduct in a public office, under allegations that they were on duty at the Barnett Street Police Station lock-up when Deane was beaten while in custody there on August 3, 2014. Stewart is also charged with perverting the course of justice, where she allegedly ordered that the cell where the beating took place be cleaned prior to INDECOM’s arrival.
