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9.109.
With respect to the cage, Soldier #1 did not see a cage. He
“learnt” that there was a “cage” after he entered Tivoli. He described his
understanding of the cage thus:
“It was something to restrict the movement of persons. I
heard it was in the Java area.”
He did not know where the woman went but he saw her walk away. He heard
her say they were her sons.
9.110.
In response to questions from Mr. Terrence Williams of INDECOM,
Soldier #1 testified that, while he was at Dee Cee Avenue, he was not under fire.
He saw the woman as she passed him. Soldier #1 clarified a discrepancy in his
evidence as to the time when the killings took place. In oral evidence he had
said 1.30 p.m. However, his witness statement put the time approximately
between 4.00 and 5.00 p.m. He told the Commission “4.00 p.m. and 5.00 p.m.
is more correct”. Soldier #1 further said that he told a fellow soldier – “Ah pure
foolishness the police keep up!”
Soldier #3
9.111.
Soldier #3 was also part of the assault team. On 25 November
2014, he signed a written statement of what he had seen on 24 May 2010. He
supported the evidence of Soldier #1 as to the gunfire encountered on Industrial
Terrace and the breaching of a wall to gain entry into Tivoli Gardens.
9.112.
After entering Tivoli Gardens, Soldier #3 said he saw 3 police
officers in an armoured vehicle. Persons were detained and put in a confined
area in Java. It was not a physical “cage”. He said that a police officer left the
confined area and returned about 45 minutes later sometime between 2.00 p.m.
and 3.00 p.m.