Damian Cargill a deaf and mute man who is one of three men arrested by the police last year for the death of Mario Dean has been charged.
The charges laid against Cargill are murder and conspiracy to murder.
Cargill was charged on Friday shortly after six in the evening in the presence of a relative. His attorney, Franklin Halliburton was absent due to engagements he had in the home circuit court in Kingston. A legal representative of Mr Halliburton was also expected to be present. However this did not take place.
In March, the clerk of court had told the presiding senior Resident Magistrate Carolyn Tai that she had received a document from the DPP office which states that Cargill is to be charged. However there has been weeks of delay in formally charging Cargill due to the absence of his attorney.
Following the disclosure in March, several attorneys in the case had expressed concerns as to how a deaf and mute person will be communicated with for charges to be place on him.
The ruling from the DPP office follows that of a Language Assessment Report in which expert witness report on the expressive and receptive Language skills of a person deemed to lack communication skills was done on Cargill by Sign Linguistics Specialist, Dr. Keren Cumberbatch.
A copy of the report seen in November of last year by the Nationwide News states that in her opinion he (Cargill) would not understand the charges against him and that it would be difficult to interrogate him in court.
The other two men charged last year by the police with Dean’s death are: 35 year-old Marvin Orr and 25 year-old Adrian Morgan.
Both men have mental illnesses.
All three men are to return to court on April 29 for a mention date. This date was set when the case was mentioned last week Friday (April 10).
Mario Dean is the 31 year-old construction worker who was taken into custody at the Barnett Street Police station in St. James by the police for the position of a ganja spiff on Sunday, August 3, of last year. However, Dean died three days later on the sixth in hospital after receiving severe injuries to the head while in custody.