Mario Deane case to be transferred outside of St James

High Court Justice Bertram Morrison this morning granted an application for the case against three police officers, who are awaiting trial on charges relating to the 2014 death of Mario Deane, to be transferred to another jurisdiction outside of St James.

Morrison made the order when Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant made their latest appearance in the St James Circuit Court. He cited the ongoing issue of juror availability in St James as a major factor in his decision.

"Justice delayed is justice denied, and what accounts for the delay? A significant part of it is that there has been an insufficiency of jurors, which is why this case could not have been tried in the past," said Morrison.

However, Morrison shut down an application from the prosecution for the case to be transferred to the Home Circuit Court in Kingston, following arguments from defence attorneys Martyn Thomas and Dalton Reid that such a move would negatively impact the three defendants' ability to have their matter heard.

The matter will be recalled later this afternoon, when a decision will be made as to whether the case will be transferred to Hanover, Trelawny, or St Ann, based on the juror availability in those jurisdictions.

Stewart, Clevon, and Grant face charges of manslaughter, misconduct in a public office, and perverting the course of justice.

Allegations are that the three officers were on duty at the Barnett Street police pick-up in Montego Bay, St James at the time when Mario Deane - a 31-year-old man arrested earlier that day for possession of a small amount of ganja – was allegedly beaten while in custody at the facility on August 3, 2014. Deane was admitted to Cornwall Regional Hospital in an unresponsive state and died three days later.

It is also alleged that Stewart, the senior officer on duty, ordered the cleaning of the cell where the beating took place before investigators from the Independent Commission of Investigations arrived.

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