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225

FINDINGS

9.24.

We find that the evidence of Mr. Hemmings, Mr. Paulton

Edwards and Ms. McCarthy was truthful. Dwayne Edwards and

Andre Smith were taken away from the company of their family by

police officers to an apartment upstairs in Building #22. All the

evidence adduced strongly suggests that Dwayne and Andre were

unlawfully killed by unidentified police officers. There is no evidence

that the officers may have been acting in self-defence or under

provocation. Such issues could hardly arise since the killings occurred

after soldiers had cleared the building, according to the evidence.

9.25.

The evidence suggests, at a high level of probability, that a

criminal offence may have been committed and we recommend that

there be further investigation into the deaths of Dwayne Edwards and

Andre Smith.

(ii)

Nicholas Wilson

Adina Darby

9.26.

Ms. Darby lived and had a small business at #3 Wilton Hill Drive.

On 25 May, during the morning between 10.30 and 11.00 o’clock, she was at

home with some family members and friends, including her son, Nicholas.

Nicholas went upstairs to fetch his cellular telephone. There was gunfire outside

the house. Nicholas came down the staircase saying to the mother of his baby:

“Tassie, me get shot!” The witness, Annette Marshall, said that Ms. Darby

shouted: “Annette, they kill me pickney!” Ms. Marshall said that she had seen

police and soldiers on the roof of a building and at that time, the area was under

the control of the security forces. She further said she saw a bullet hole in a

window of Ms. Darby’s house.