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for executing the warrant. I felt re-assured that all
reasonable steps would have been taken to avoid injuries or
death to innocent persons. I was not privy to the
operational plan.”
Both CDS Saunders and CoP Ellington confirmed in evidence that the former
Prime Minister’s concerns were communicated to them by him.
Principle of Operational Independence
7.12.
The principle of the operational independence of the JDF and JCF
precluded the Prime Minister from directing the heads of those Forces as to the
manner of carrying out the operations. And CDS Saunders stated very clearly
that the operational plan was neither shared with, nor approved by Prime
Minister Golding. In fact, Mr. Golding testified –
“I did not give any direction to the heads of the security
forces. Section 3 of the Constabulary Act and section 9 of
the Defence Act, give exclusive authority, in operational
matters, to the heads of those Forces. But there is also a
proviso to section 9 of the Defence Act which gives a
discretion to the Prime Minister. I did not give the Chief of
Defence Staff any directions.”
7.13.
Section 9(2) of the Defence Act is in these terms:
“(2) The responsibility of the Defence Board shall not
extend to the operational use of the Jamaica Defence Force,
for which use responsibility shall be vested in the Chief of
Staff subject to the overall direction of the Cabinet.
Provided that the Prime Minister may give to the Chief of
Staff such directions with respect to the operational use of
the Jamaica Defence Force in Jamaica for the purpose of
maintaining and securing public safety and public order,
notwithstanding that the directions of the Cabinet have not
been obtained, and the Chief of Staff shall comply with those
directions or cause them to be complied with.”
Section 3(2) of the Constabulary Force Act provides in part:
“(2) Subject to the provisions of subsection (3) the Force
shall consist of –