270 / 494
269
(g)
O’neil Smith
9.170.
On 24 May 2010 Mr. Smith resided at Wilton Hill Drive and worked
at the Top Ten Shop on Spanish Town Road with his cousin, Lucius McFarlane
who owned the shop. The shop was closed on 24 May but Mr. Smith slept at the
shop from 24 to 26 May. About 10.00 a.m. he heard the voices of soldiers
outside Top Ten.
9.171.
Soldiers came to the shop and took Mr. Smith, Mr. McFarlane and
his wife across Spanish Town Road and told them to wait. Mr. Smith put his
hands on a wall. A soldier kicked him behind the shin and he fell on rough
ground. His leg bled. He was taken, in pain, to the Community Centre and
made to kneel. He was later taken to the National Arena and released from
detention on Saturday, 29 May.
9.172.
Mr. Smith produced the official release document of the JDF which
states that he was detained “from 27-5-2010 to 27-5-2010”. Mr. Smith insisted
that that statement is untrue. He said “I sure I come out Saturday”. The
condition of his leg had deteriorated to such an extent that he had to be lifted
from the National Arena.
9.173.
When asked why he did not check the accuracy of the release
document, Mr. Smith’s answer was: “I did not check it. I was so glad to leave”.
Mr. Smith showed the Commissioners his leg. It is badly discoloured.
FINDINGS
9.174.
We believed Mr. Smith as to the circumstances of his injury
and find that he sustained the injury as a result of being kicked by a
soldier and falling on rough ground. We also believe his evidence that
he was detained until 29 May. The date of release appearing on the
release documents is not true. It is fanciful to believe that, in the