Attorney for cops on trial challenges former Barnett Street inmate’s credibility

WESTERN BUREAU:

Attorney-at-law Martyn Thomas, who is representing two of the three police personnel on trial for Mario Deane’s death in 2014, yesterday challenged the prosecution’s eighth witness about apparent discrepancies between his current evidence-in-chief and a statement he gave while in custody at the lock-up where Deane was beaten.

During the witness’ cross-examination before the Westmoreland Circuit Court in the trial of Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant, Thomas – who is representing Stewart and Grant – sought to call the witness’ credibility into question by pointing to a statement written on August 11, 2014 and bearing the witness’ signature, regarding Stewart’s location at the time of the August 3, 2014 incident at the Barnett Street Police Station lock-up in St James.

“Before Mario Deane was placed in cell number four (the cell where Deane was beaten), did Ms Stewart remain at the gate that would give entrance to the cell section, or did she come on the cell block, put Mario Deane in cell number four, and then use the words, ‘A dead him fi dead’?” asked Thomas, referencing the witness’ testimony earlier in the trial about Stewart’s treatment of Deane.

“She came on the section (cell block),” the witness answered.

“Did you tell us today that in your statement, you said that when ‘Indian’ and ‘Short Man’ came on the cell block, Ms Stewart stayed at the gate that gives entrance to the cell section?” Thomas continued, making reference to the witness’ earlier stated nicknames for Clevon and Grant.

“No, I did not,” the witness said firmly.

“Do you agree that in the statement, bearing what looks like your signature, it was said that when ‘Indian’ and ‘Short Man’ came at the cell block, Ms Stewart was at the gate that would give entrance to the cell section?” Thomas asked, pointing the witness to the relevant section of the statement.

“Yes, but I do not remember saying that,” the witness replied.

Earlier on Wednesday, while ending his examination-in-chief, the witness expanded on previous testimony he had given about Stewart, Clevon, and Grant taking Deane from his cell where he was being held for possession of a ganja spliff, in order to process bail for him.

The witness had previously testified that, shortly after the defendants took Deane to the police station’s office to carry out the bail process, they brought him back to the cell block and put him in a different cell where inmates of unsound mind were housed, because Deane had said he did not like the police. It was in that cell that Deane was beaten, following which he died at hospital three days later.

Gave at least four statements

Under cross-examination, the witness admitted that he gave at least four witness statements about the incident, but that he could not remember when he gave his first witness statement to the Independent Commission of Investigations (INDECOM). However, he insisted that everything he had stated in his evidence-in-chief was true.

Presiding trial judge High Court Justice Courtney Daye subsequently adjourned the trial until April 22, when the witness’ cross-examination by Thomas will continue.

In addition to Thomas representing Stewart and Grant, attorney Dalton Reid is representing Clevon.

All three police defendants are charged with manslaughter and misconduct in a public office, in relation to Deane’s death. Stewart is also charged with perverting the course of justice, under allegations that she ordered that the cell where Deane was beaten be cleaned before the arrival of INDECOM investigators.

christopher.thomas@gleanerjm.com