Judge’s crucial decision in Mario Deane case delayed
ST JAMES, Jamaica — The final court order regarding Damion Cargill — one of three men charged with the beating death of Mario Deane while in police custody in 2014 — has been delayed until July 28.
Justice Viviene Harris was expected to make her decision known yesterday, but according to Cargill’s attorney, Franklin Halliburton, that was deferred for another two weeks to allow the judge more time to consider all options.
Cargill, who is deaf, mute, and schizophrenic, was found unfit to plea by a seven-member jury on Monday, March 20 in the St James Circuit Court.
Justice Harris is expected to decide whether or not he will be sent to a State facility or allowed supervised care with his family, as stated under section 25c of the Criminal Justice Administration Act.
A consultant psychiatrist and a medical officer made presentations when the matter, which is in the St James Circuit Court, was called up before justice Harris yesterday.
They noted the period for which Cargill would need treatment for and also the arrangements that would need to be in place to allow outpatient treatment.
“The case is a little peculiar and what the law requires is very specific. And, her ladyship has to ensure that every ‘I’ is doted and every ‘t’ is crossed and that all the arrangements are in place. If all the arrangements are not in place, then her ladyship, and rightfully so, is not prepared to make the ruling. So, it is just a matter of taking the time. Exploring the options. Looking to see that all the arrangements for the treatment and supervision is in place,” explained Halliburton.
He said the defence team would be assisting the court with as much information as possible that will assist the judge.
Both Cargill and several of his family members were in court yesterday.
Meanwhile, a pre-existing matter that had landed him in custody at the time of Deane’s beating in 2014 is to be called up in the St James Parish Court today.
The two other men in Deane’s case are Marvin Orr and Adrian Morgan.
They are set to appear at the beginning of the St James Circuit Court in September.
Deane was the 31-year-old construction worker arrested and held at the Barnett Street Police Station in Montego Bay for possession of a ganja spliff on Sunday, August 3, 2014.
However, Deane died three days later in hospital after receiving severe injuries to the head while in custody.
Anthony Lewis