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228

FINDINGS

9.34.

The evidence suggests strongly that Lundie Murphy was

killed by the security forces in circumstances where he was clearly

unarmed in their custody and in no position to be a violent threat to

them. But since there is no satisfactory evidence of the actual

shooting, we cannot attribute the shooting specifically to either the

JDF or JCF. On Ms. Newton’s evidence, members of both forces were in

the vicinity at the time but a wall obstructed her view of Lundie.

Kirkpatrick Path is a cul-de-sac. The post mortem report’s findings are

consistent with Murphy having been beaten about his face and shot at

a time when members of the JDF and JCF were in the sector. 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 Lundie Murphy’s death.

(iv)

Martin Lindsay and Oshane Walker

Jane McFarlane

9.35.

Ms. McFarlane’s house was situated at 11 Wilton Hill Drive but,

from the weekend immediately preceding the internal security operation and up

to 25 May, she was at the house of her common law husband in Spanish Town.

She kept in touch with her children by telephone. She was the mother of Martin

Lindsay (Pops) and Oshane Walker (Pow) was her nephew.

9.36.

On 25 May, Ms. McFarlane spoke to Martin and Oshane at

Ms. Tracy’s house. She stated that about 10:00 a.m., on Wednesday, 26 May,

she spoke with Martin who told her that there was no food at Ms. Tracy’s, he

was hungry and he was going home to Wilton Hill Drive for food. About

11.00 a.m. or noon, Martin confirmed that he was in the house at 11 Wilton Hill