Judge urges jury to keep emotions in check in deciding verdict
WESTERN BUREAU:
High Court Justice Courtney Daye, presiding over the Mario Deane trial, began his summation at the Westmoreland Circuit Court on Tuesday, urging the seven-member jury to base their verdict solely on the evidence, not personal feelings or prejudices.
Justice Daye emphasised that while he would rule on legal matters, the jury’s responsibility was to evaluate the facts presented by both the prosecution and the defence. He reminded them not to let any prior negative experiences with the police influence their judgment, especially since the accused – Corporal Elaine Stewart, Constables Juliana Clevon, and Marlon Grant – were police officers at the time of the incident.
“ ... The allegations arise regarding their conduct to a citizen, [and] you are not to be influenced by prejudice,” Daye said, referring to the prosecution’s claim that the officers were negligent during the August 3, 2014, incident. On that day, Deane was allegedly beaten while in custody at the Barnett Street Police Station lock-up, where he faced a charge for possession of a ganja spliff.
Justice Daye also cautioned the jury against being influenced by sympathy for Deane or his mother, Mercia Fraser, the prosecution’s first witness.
DON’T BASE VERDICT ON SYMPATHY
“You should not be influenced by sympathy for the victim, and with all due respect to his mother, you cannot come to a verdict based on sympathy. ... You have feelings, but it cannot be the basis for coming to a verdict in this case,” said Daye.
He reminded the jury that they were the sole judges of the facts and must rely on the evidence presented during the trial. If they found inconsistencies in witness testimony, they should assess the credibility of the witness.
The judge’s summation will continue today, after which the jury will deliberate and deliver its verdict.
Stewart, Clevon, and Grant face charges of misconduct in a public office and manslaughter for Deane’s death, which occurred three days after the beating. Stewart is also charged with perverting the course of justice for allegedly ordering the cleaning of the cell before Independent Commission of Investigations investigators arrived.