December 26, 2024
Ocho Rios, St. Ann. Jamaica
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Death of baby in Salem fire comes to court after 5 years but…

On a Saturday night five years ago, in Salem, Runaway Bay in St Ann, a fire at an apartment claimed the life of 13-month-old Lovena Campbell.

That was August 20, 2011. A day after the fire, the mother of young Lovena was taken into custody in relation to the fire that claimed her baby’s life. It was alleged that a candle was lit and Lovena’s mother, Janet McFarlane had left her (Lovena) and three older children at home to get her phone charged as no electricity was at the apartment.

Fast forward five years later to Thursday, October 14, Janet McFarlane is still waiting to know her fate as she was charged with manslaughter in relation to the death of her daughter caused by the fire.

However, according to McFarlane’s attorney, Cheryl Richards, her client is maintaining her innocence.

The case was delayed once again when it appeared before the St Ann Parish Court last Thursday. Some of the statements were not in compliance with the new Committal Proceedings Act (CPA).

This was because the former common-law husband of the accused woman was not cooperating, according to the investigating officer.

When asked by senior parish judge Andrea Thomas why this was so, the investigating officer explained that he could not locate the father. He was told where the man was living, but was still unable to locate him.

The judge then asked the accused if she knew where the father was and McFarlane indicated that she had only heard that he had been living in another community.

Judge Thomas then enquired as to the series of the events that led to the charge arising against McFarlane. Though the details were not fully outlined in court, the officer explained that one of the witnesses had seen certain things, as a candle was lit and the mother left home. A fire later occurred and the child (Lovena Campbell) died in the fire.

The crown prosecutor also indicated that there were four witnesses in the case.

Judge Thomas asked whether the matter had ever gone to the Coroner’s Court for an inquest to be done or whether it should have been there. The crown prosecutor explained that the case had not taken that route.

The Coroner’s Court conducts inquests into sudden or suspicious deaths.

The judge pointed out as well that the matter has been before the courts since 2011 and there was not a preliminary enquiry (replaced by the new Committal Proceedings Act (CPA).

Judge Thomas told the crown prosecutor that it is a case of “either the crown can’t proceed” or they will proceed, but she was not setting another mention date in the matter.

Subpoenas have been issued for the little girl’s father and a man who identified the body of young Lovena.

A hearing date has been set in the matter for January 12, 2017.

McFarlane had her bail extended until then.

At the hearing, the judge will assess the evidence (on paper) given by the witnesses in the case and then determine if there is enough to make out a case against McFarlane.

If there is enough evidence linking McFarlane to the charge, her case will then be transferred to the St Ann Circuit Court for trial.

In a case that the North Coast Times reported on, police reports indicated that at about 9 p.m. on Saturday night, August 20, 2011, residents of Back Street, Salem in Runaway Bay reportedly saw smoke coming from a house and out of curiosity went to investigate.

The police were later alerted. They were in time to save the three older children, but could not get to save 13-month-old Lovena Campbell.

After the Ocho Rios Fire Department extinguished the fire, the charred remain of the body was found. Little Lovena’s mother, Janet McFarlane, was arrested the following day.

According to police reports, the mother left the children to go and get her phone charged because the electricity had been cut off in their apartment.

It is believed that a lit candle in the apartment was the cause of the fire. The candle allegedly overturned and started the fire.untitlawled