201 / 494
200
FINDINGS
8.114.
In our opinion, the damage to the room and roof was
probably the result of an explosion of a mortar near to Mr. Walker’s
residence. His claim for compensation should be investigated further.
(xxxii) Two Witnesses who testified in camera
8.115.
One 12 December 2014, the Commission received evidence
in
camera
from two persons who carried on business on Spanish Town Road. They
testified to heavy financial loss arising from the internal security operation but
received no compensation. It is our understanding that litigation is pending in
the Supreme Court. Accordingly, in those circumstances, we shall not discuss
the issues of liability and quantum of compensation in this Report; save and
except to observe that we received evidence to the effect that, between 1 June
2010 and 18 January 2013, lawyers acting for the business persons wrote ten
(10) letters to the JDF and received only one (1) response from the JDF, dated
15 August 2012.
PART 2
HOW WAS THE PROPERTY DAMAGE CAUSED?
8.116.
Lt. Col. David Cummings testified that, at a meeting of
Commanders on 25 May, he was informed that his “entire Regiment was going to
be tasked to assist with the search for weapons and ammunition”. Thus, on
26 May, the Engineers Regiment was deployed in West Kingston in a search role.
At para.29 of his witness statement, Lt. Col. Cummings stated:
“29. I personally remained on the ground with my soldiers
every single day, and personally entered hundreds of
houses, apartments and buildings to oversee the searches,
to monitor the conduct of my soldiers, and to stay abreast