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195

d.

We found her evidence about seeing Capt. Anderson in

Tivoli Gardens particularly disturbing. And we noted

that she gave evidence on 15 September 2015, after

Capt. Anderson had testified on 26 June 2015. When

she gave evidence she imputed very serious criminal

conduct to Capt. Anderson for the first time. We are

satisfied that that groundless evidence was deliberately

concocted to implicate Capt. Anderson. This conduct

alone, apart from the unreliability of her evidence under

cross-examination, was sufficient for us to find that she

was not a witness of the truth.

e.

We are satisfied that it would be obvious to an objective

arbiter that Miss Lindsay’s evidence was discredited and

without any evidential value.

f.

We characterise her response of 7 April 2016 as

scandalous, offensive and malicious.

(xxvii) O’Neil Smith

8.92.

Mr. Smith now lives at Sandy Bay, Clarendon. On 24 May 2010 he

resided at Wilton Hill Drive and worked as a shop attendant at “Top Ten”, a

business owned by Lucius McFarlane, Smith’s cousin.

8.93.

On Wednesday, 26 May, Mr. Smith was ordered by soldiers to leave

Top Ten and wait by the road side. Soldiers took him and Mr. McFarlane to the

Community Centre in Tivoli Gardens about 1.00 p.m. He said that “a brown

police lady who worked at Denham Town police station took away my money

($3,000.00) and 2 cell phones”.

8.94.

He was later taken to the National Arena and released on Saturday,

29 May. He disputed a statement on the official release document of the JCF to