296 / 494
295
Tivoli Gardens. Both attributed the task of record keeping to
Cons. Maxwell who died in October 2010 as a result of a vehicular
accident. And DSP Tabannah made no effort to retrieve Maxwell’s
alleged notes immediately after the operation or at all.
10.64.
Sgt. Waugh’s evidence that he went twice to KPH with
bodies which were pronounced dead by doctors at the hospital is not
supported by the records of that institution. The records of KPH,
produced by Dr. Natalie Whylie, show that no two bodies were brought
to the hospital on 24 May and there is no record of Sgt. Waugh’s name
on the documentation of KPH.
10.65.
Moreover, Sgt. Waugh’s evidence that most of the bodies
were found near barricades and sandbags does not sit comfortably
with other evidence. If any of the civilians had been killed near
barricades or sandbags on 24 May, surely the military commanders of
the relevant sectors should have seen those bodies. But except for
Maj. Cheverria who saw two bodies, none of the other commanders
saw any bodies in Tivoli Gardens on 24 May. And these observations
were made after the JDF took control of the sectors and houses had
been cleared.
10.66.
It is beyond belief that those military commanders would
have invited the Supts. to move their officers into “a hot zone”.
10.67.
In preferring and accepting the evidence of Maj. Cheverria
and Maj. Kennedy, we are mindful of the undisputed evidence that
their troops’ tasks were to enter Tivoli Gardens first, secure the sectors
and then invite the JCF to enter and conduct searches and other tasks
appropriate for the civil power. The safety and security of a sector
were matters for the judgment of the JDF sector commanders who