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(i)
Maj. Kennedy testified on 23 October 2015:
“We secured the sector about 4.35 p.m. I
called the JCF to enter the sector and they
came.”
10.39.
On the other hand, DSP Turner testified that it was –
“about 8.05 p.m. that Kennedy called me on my cell
phone and told me I can move my men into Tivoli
Gardens now. I got no call from him until 8.05 p.m.
I made a note in my notebook. I arrived inside Tivoli
Gardens at 8.20 p.m. and I had no resistance moving
in.”
10.40
A page from DSP Turner’s notebook (Ex WT2), was produced in
evidence and we observed a notation of “8.20 p.m., a date of “23-5-10” and no
notation of “8.05 p.m.”.
(ii)
Whereas Maj. Kennedy said that “the police came and
established check points in and around the sector about
5.00 p.m., DSP Turner’s evidence on the same matter is that
“on 24 May, my men did not put vehicle check points around
the sector in the evening”.
(iii)
Maj. Kennedy did not recall telling DSP Turner that there
were two dead bodies in the sector: one on the bottom floor
of Building #26 and the other on the top floor of Building
#27. He was explicit:
“I did not speak with anyone about bodies in
buildings. I can’t recall telling Turner that one
man was neutralised. If I were aware, I would
have reported it.”
10.41.
DSP Turner’s evidence is that, between 7.00 a.m. and 8.00 a.m. on
25 May, he contacted Maj. Kennedy who told him that –
“there were two dead bodies, one on the top floor of
Building #27, McKenzie Drive and the other on the ground