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243
Commission’s Comments and Findings
9.83.
Although we are of opinion that Carl Henry and Bojan
Rochester were probably hit by shrapnel from an exploding mortar, we
are not dogmatic in our finding. That is why we have recommended
that their deaths be further investigated. We have discounted the
suggestion that an exploding IED may have caused their injuries from
shrapnel because there was no evidence before us of any IED
exploding
within the community of Tivoli Gardens
. The evidence was
that these types of device were embedded within barricades on the
perimeter of Tivoli Gardens, not inside Tivoli Gardens near to houses on
Chang Avenue. We were also alert to the corrections in Capt. Crooks’
correspondence with Mr. Witter. We assumed that, as an attorney-at-
law, he would have taken instructions from an expert on mortars in the
JDF before composing his responses to Mr. Witter. And, as an
attorney-at-law, he would have been careful and precise in his choice
of language.
9.84.
With regard to Romaine Walker’s evidence of seeing
objects falling from the sky and the anonymous witness’s evidence of
white smoke, it was Lt. Col. Sewell’s evidence that several civilians
pointed out to him “areas where they said things fell from the sky in
Java” and “a row of houses near Java mysteriously went up in flames”.
We do not believe that residents or criminals deliberately set fire to
those houses in Java. The more reasonable and probable explanation
is that some weapon of the security forces caused the conflagration.
The colour of smoke observed by witnesses is not a crucial issue. The
fact is that the mortars which were fired created a cloud-like effect and
it was admitted by witnesses for the JDF that one of the consequences
of this cloud was to disorientate the gunmen.