139 / 494
138
“I agree that, on 17 May, a decision had been taken in
principle for a State of Emergency. After the necessary
documents were prepared, I went through them because, as
I speak now, I do recall that we removed some of the
regulations, the Solicitor General and I, and put in others. I
can’t say specifically which ones, but there might have been
one or two that caused me some concern and we discussed
them and they were removed.”
7.8.
In answer to a question put by Mrs. Mayhew, Commission Counsel,
Ms. Lightbourne stated that she did “not monitor the process relating to the
declaration of the State of Emergency to ensure that the process thereafter was
compliant with the law and that the police exercised their powers in accordance
with the Regulations. I just ensured that it got to the Governor-General for
signing and that was it.”
7.9.
As a protective measure, the State of Emergency was not only
limited in space but also in time. It was for 30 days. Any extension beyond that
time required parliamentary approval and review as in fact happened. It was
subsequently extended for a further 30 days and expanded to include
St. Catherine.
7.10.
A Review Tribunal was also established pursuant to the Constitution
to have the cases of persons aggrieved by their detention reviewed.
Prime Minister’s Advice
7.11.
Prime Minister Golding testified that he was alert to the risks to
citizens who resided within the area of operations and he insisted, in discussions
with the leadership of the security forces, that no effort be spared to safeguard
the lives of citizens, especially women and children. Mr. Golding said –
“The Commissioner of Police and the Chief of Defence Staff
assured me that the protection of lives and property was
factored into the operation’s plans… On 23 May I was quite
encouraged by the instantaneous way the Heads indicated
to me their concerns and had included them in their plans