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2.19.
The distinguished Queen’s Counsel, Mr. Frank Phipps OJ, submitted
a memorandum of recommendations in response to the Commission’s invitation
to the public to further participate in the Enquiry. Mr. Phipps’ observations on a
garrison are as follows:
“A political garrison is organised on the basis of its own
concept of law for security and internal government. The
leader or head of the garrison is the
Don
who exercises total
control and absolute power in the organisation…Garrisons
are funded from various sources using actions of dubious
legality – a crooked attempt at the
Robin Hood Philosophy
.
Loyalty and obedience to the Don are enforced by his
personal system of justice as judge and executioner, with
rumour of punishment as extreme as mutilation and death.
Political party dissent is not allowed in a constituency with a
garrison, thereby denying voters their democratic choice and
popular consent for elections for representation to
Parliament, and, by extension, for Prime Ministers.”
2.20.
Police Intelligence revealed that the residents of Tivoli Gardens
learnt over time “to see no evil done by the gang and to speak no evil of the
gang”, in the words of DCP Hinds. No one could report any crime to the law
enforcement agencies of the State. A code of silence ensured that the JCF was
unable to obtain witness statements to assist in the investigation of crimes.
SSP Hewitt described Tivoli Gardens as “a closed community where there was a
culture of silence”. But, he added, “we still got Intelligence. The culture of
silence still persists but to a lesser extent out of a fear of reprisals”. He said
that, every time something serious happened in Tivoli Gardens, he knew.
“Whenever a murder was committed, we knew, but we could not get the
evidence to prosecute.”
2.21.
Both CoP Ellington and DCP Hinds testified that, for 30 years before
2010, the JCF was unable to do “regular policing in Tivoli Gardens”. This was
not an abdication of the JCF’s responsibilities to serve and protect the nation in
the opinion of Mr. Ellington. It was rather a recognition of danger. It was
explained to the Commission by CoP Ellington and SSP Hewitt that, if the JCF