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paid to gunmen within and outside of Tivoli to participate in armed
confrontation with the security forces.
5.73.
The evidence of L/Cpl. McLennon’s experiences, as
operator of the FEL, that a weapon such as a Grizzly Boar must have
been used to attack the FEL, supports the finding which we make that
those gunmen offering violence to the security forces possessed high-
powered and special armaments.
5.74.
We have no statistical evidence to support the assertion of
SSP Hewitt that, for a long time, Haiti has been a centre of the illegal
trade in firearms destined for Jamaica.
5.75.
Treating the fortification of Tivoli Gardens as an important
incident in arming that community, we find that this fortification was
indeed special because the emplacement of IEDs among barricades
capable of detonating and causing injury or death, was a new
phenomenon in Jamaica. Nothing of its kind had been seen in Jamaica
prior to May 2010.
5.76.
On 25 May there were no arms in May Pen Cemetery but
we accept the evidence of Lt. Col. Cummings that, on 26 May, the
Engineers found 6 firearms in Tivoli Gardens and we so find. In the
absence of evidence to the contrary, we accept the evidence of
Lt. Col. Cummings that, as from 29 May, the Engineers found “more
and more weapons in Denham Town” as described in para.5.60. His
evidence was supported by that of SSP Delroy Hewitt and Supt. Arthur
Brown. Indeed, on 28 May, 10 firearms were found at #33 and
#38 Chestnut Lane. The recoveries of illegal firearms at Chestnut Lane
and areas to the north of Tivoli Gardens imply that these areas were
significant locations for the storage of weapons.