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CHAPTER 8
THE CIRCUMSTANCES UNDER WHICH, AND THE PERSONS BY WHOM,
PRIVATE PROPERTY WAS DAMAGED OR DESTROYED DURING OR
AROUND THE PERIOD OF THE STATE OF EMERGENCY DECLARED IN
MAY 2010
ToR (I)
AND
WHETHER MONIES, BENEFITS OR COMPENSATION WERE PROVIDED
BY THE STATE TO COMPENSATE RESIDENTS OF WESTERN KINGSTON
INCLUDING TIVOLI GARDENS AND, IF SO, HOW MUCH WAS ACTUALLY
PAID OR DISTRIBUTED, THE MANNER AND RECORDING OF SUCH
PAYMENT OR DISTRIBUTION, AND THE ADEQUACY OF SUCH
COMPENSATION
ToR (Q)
INTRODUCTION
8.1
In this Chapter, we have combined two of our Terms of Reference,
viz. (I) and (Q) and subdivided the Chapter into 3 discrete Parts. Part 1 deals
with the evidence of those witnesses who testified at the Commission of Enquiry
and alleged that they suffered property damage and loss. We make specific
findings in respect of each witness. Since several of the witnesses mentioned in
this Chapter also testified as to injuries they suffered or observed to other
persons as well as the deaths of certain persons, there is correlation between
this Chapter and Chapter 9.
8.2.
Part 2 focuses attention on Term of Reference (Q). Under this
Part, we discuss the response of the GoJ to claims by residents for
compensation. The procedure and methodology used by the MoLSS to provide
some form of financial solace to residents are examined.