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24

(g)

Rule-making and rule enforcement by the gang apply to all whether

gang members or the members of the community.

2.24.

All of the features adumbrated by Prof. Harriott, present severe

risks and challenges for law enforcement. Thus, the 2001 Commission of

Enquiry wrote:

“There was abundant credible evidence from which it may

be inferred that the twin issues of garrison communities and

political tribalism cannot be eliminated as a feature of

political and cultural life in Jamaica unless Tivoli Gardens is

brought under the complete control of the JCF.”

HISTORY OF VIOLENCE IN TIVOLI GARDENS

2.25.

The JCF wished to enforce the law in Tivoli but were cognizant of

past experiences. In 1997, Coke’s gang barricaded Tivoli Gardens. The police

tried to clear the barricades and were shot at. This was the time of a bitter feud

between persons from Tivoli and another group from Wilton Gardens (Rema).

One of Coke’s lieutenants was killed.

2.26.

In 2001, there was a bloody confrontation between the security

forces and residents of Tivoli. Twenty-seven persons were killed and a

Commission of Enquiry was established. How these persons met their deaths

has never been established. No one was held legally or administratively

accountable for their deaths. The Commission of Enquiry concluded that –

persons wrongfully met their deaths but individual legal culpability could not be

determined from the available evidence.

2.27.

When one of Coke’s brothers was killed in 2005, there was yet

another violent engagement between residents and gunmen of Tivoli and the

JCF. Police stations were attacked and damaged during a significant gunfight.

Indeed, there have been several lower-intensity, small group, violent

confrontations between gunmen and the security forces and politicised gang