By Tori Tulloch
Since the police-involved death of thirty-one-year-old Mario Deane in 2014, the journey of his case through the criminal justice system has taken more than six years. It is far from over. Below is a timeline of events up to September 4, 2020. The information is compiled from multiple sources.*
Sunday, August 3, 2014 (7:15am)
Police officers detain Mario Deane after a stop with the charge of possession of a ganja “spliff.”
August 3, 2014 (approximately 10am)
Deane calls his mother, Mercia Frazer, from lockup at Barnett Street. His friend, Castel McKenzie, arrives at the jail to arrange his bail processing.
Deane makes a comment expressing his frustration with the police treatment and his release is inexplicably stopped and moved to 5pm.
August 3, 2014 (approximately 3pm)
McKenzie is told that Deane has been admitted to Cornwall Regional Hospital (emergency). He informs Deane’s family.
August 4, 2014
Deane’s family makes multiple attempts to get him admitted to intensive care at St Ann’s Bay and Kingston Public Hospital but he is instead moved to Cornwall’s ward.
August 6, 2014 (10am)
Unconscious and in critical condition, Deane dies from his injuries at Cornwall Regional Hospital. His friend, Castel McKenzie, is told he was assaulted by fellow prisoners. His family is told that after changing lockup locations, he was injured after falling off a bunk. The story then becomes that he was beaten by inmates.
*INDECOM maintains that Deane was beaten by Marvin Orr and other inmates in Cell 4 on August 3, 2014.
August 9, 2014
Two civilians, Marvin Orr and Adrian Morgan, who were also in custody with Deane at the Barnett Street lock-up are subsequently arrested and charged, along with a third inmate, Damion Cargill.
Reference: The Gleaner
August 13, 2014
Orr and Morgan are scheduled to appear in the Montego Bay Resident Magistrate’s Court. Orr, whose attorney, Stacy Young, describes as “schizophrenic” and a substance abuser, is denied bail by Senior Resident Magistrate Carolin Tie.
The other accused, Adrian Morgan is not in court as he is said to be receiving psychiatric treatment on order of the court, in connection with another case.
Reference: Jamaica Observer
September 2, 2014
A postmortem is conducted at the Cornwall Regional Hospital Morgue on Mario Deane. Cause of Death: Multiple impacts to the head and brain, compression on the neck.
September 26, 2014
Corporal Elaine Stewart, District Constable Marlon Grant and District Constable Juliana Clevon are arrested by INDECOM on charges of manslaughter, perverting the course of justice and misconduct in a public office.
They are scheduled to stand trial on September 21, 2017.
2015 and 2016
*No information available on the civil or criminal proceedings related to the case.
August 3, 2015
Mario Deane’s mother, Mercia Frazer, hosts her first annual demonstration outside the Barnett Street lockup to demand justice and mark the anniversary of her son’s fatal beating.
August 3, 2016
Frazer hosts her second annual demonstration outside the Barnett Street lockup to demand justice and mark the anniversary of her son’s fatal beating.
July 2017
The third accused fellow prisoner, Damion Cargill, is judged unfit to stand trial and was released into his family’s care.
August 3, 2017
Frazer hosts her third annual demonstration outside the Barnett Street lockup to demand justice and mark the anniversary of her son’s fatal beating.
January 18, 2018
High Court Justice Vivienne Harris issues subpoenas for the medical records of Marvin Orr and Adrian Morgan.
Reference: Jamaica Gleaner
April 20, 2018
The cases against the three police officers charged in Deane’s death are called up in the St. James Parish Court but put off until Friday, May 4 after Parish Judge Sandria Wong-Small, who presided over the matter, is absent due to illness.
Reference: Nationwide News
April 20, 2018
Fahdeal Ferguson, who was in custody at the Barnett Street Police Station on the day of Deane’s beating, and allegedly implicated both police and inmates in a statement to INDECOM, is shot and killed by unknown assailants.
The 24-year-old Ferguson was the main witness in the case.
During court, attorney-at-law, Martyn Thomas, requests a May 4 return date. This is granted by Judge Kaysha Grant who also extends their bail. No reason is given for the delay.
Reference: Loop Jamaica
May 4, 2018
The presiding judge in the case of the three police officers, Corporal Elaine Stewart, District Constable Marlon Grant and District Constable Juliana Clevon, rules that the three must stand trial. The Judge’s ruling ends months of anticipation after the court was originally scheduled to give a ruling in September of 2017.
Judge Wong Small, in her ruling, notes that having reviewed the evidence before the court, she has found a prima facie case. A prima facie case is one in which the evidence produced is sufficient to enable a decision or verdict to be made.
May 7, 2018
The committal proceeding of the accused police officers is transferred to the St. James Circuit Court. All three opt not to mount a defence at this time.
Reference: Jamaica Observer
May 14, 2018
*Date referenced but no information found on the matter.
July 2018
The third man, Damion Cargill, who was charged along with Morgan and Orr but ruled unfit to answer to the charges or to stand trial is released into the care of his family.
September 18, 2018
The matter first appears before the court but is delayed several times by issues including the death of a key witness (Fahdeal Ferguson), absence of witnesses and police officers, and the defence team’s failure to make a closing submission.
Justice Glen Brown orders that documents pertaining to the two mentally ill men, Orr and Morgan, are submitted to a forensic psychiatrist before October 3 in order to allow the doctor to complete his report.
Reference: Jamaica Observer
October 2, 2018
The matter is again brought to the St. James Circuit Court.
October 10, 2018
The matter is again brought to the St. James Circuit Court.
January 11, 2019
The matter is again mentioned in the courts but delayed to January 31, 2019 and the trial is set to begin on March 10.
March 28, 2019
The three police officers are given a new trial date marking the sixth overall delay in starting their trial since the case first went to court on September 18, 2018.
August 3, 2019
Frazer, hosts her annual demonstration outside the Barnett Street lockup to demand justice and mark the fifth anniversary of her son’s fatal beating.
November 25, 2019
High Court Justice Glen Brown sets a new court date to January 7, 2020, after attorney-at-law Chumu Parris, representing Orr and Morgan on behalf of their attorneys Trevor Ho Lyn and Franklin Haliburton, tells the court that more time is needed to complete the reports.
Orr and Morgan, who are not in court, are ordered to be remanded.
This marks the third major delay in the case after a request was made on September 18 for the treatment information for Orr and Morgan.
Reference: Jamaica Gleaner
January 7, 2020
A report is submitted for Morgan but not for Orr, who is represented by attorney Trevor Ho Lyn. Orr’s outstanding report leads to the case being rescheduled to January 27, and then to March 25, before being rescheduled to July 6.
Reference: Jamaica Gleaner
July 6, 2020
Deane’s case is mentioned briefly in the St. James Circuit Court, but the absence of the long-awaited medical psychiatric report has led to the seventh consecutive delay (since 2019) in the case against Marvin Orr and Adrian Morgan.
July 14, 2020
The matter is briefly mentioned in the St. James Circuit Court and the case is delayed until July 29 to allow enough time for the men’s attorneys to receive an outstanding and previously requested medical psychiatric report.
July 29, 2020
Almost six years after Mario Deane was beaten in police custody and died three days later of his injuries, Marvin Orr and Adrian Morgan plead guilty to manslaughter in the St James Circuit Court.
Reference: Jamaica Gleaner
July 30, 2020
Dr. Myo Kyaw Oo, who is said to be the only doctor in the country trained to prepare a forensic psychiatric report, appears in court via Zoom.
Dr. Oo explains that at the time of the offence, the men were displaying symptoms of their illnesses. He further points out that having kept the men on the psychiatric ward of the prison and administered medical treatment, they are now fit to plead.
Adrian Morgan and Marvin Orr, are convicted of the crime of manslaughter by Supreme Court Judge Justice Glen Brown in the St. James Circuit Court. He sentences them to five years and six months in prison but they are freed on the basis of time served.
Reference: Jamaica Observer
August 3, 2020
Frazer, hosts her the sixth annual demonstration outside the Barnett Street lockup to demand justice and mark the anniversary of her son’s fatal beating.
September 21, 2020
The first hearing date is scheduled to take place on September 21 for the criminal trial of Police Corporal Elaine Stewart and Constables Juliana Clevon and Marlon Grant. They are accused of manslaughter, misconduct in a public office, and perverting the course of justice.
*Sources: Jamaicans for Justice | Mercia Frazer | INDECOM | Jamaica Gleaner | The Observer | Loop Jamaica | Nationwide News