298 / 494
297
(iii)
The Commission disregarded video tape evidence showing heavy
gunfire about 6.00 p.m. on 24 May at Foxy’s Plaza and coming
from the direction of Tivoli Gardens.
(iv)
Insp. Linroy Edwards said that he did not see DSP Tabannah or any
police officers around 4.00 p.m. Maj. Mahatma Williams also gave
similar evidence.
Commission’s Comments and Findings
10.71.
The Commission acknowledges that there were two errors
in the penultimate line of the draft of para.10.59, viz. “Cheverria” and
“sector 1”. Accordingly, having re-considered the draft and, having
regard to the evidence of Maj. Kennedy reviewed at para.10.30, we
have deleted the words “Cheverria” and “sector 1” and substituted
therefor the words “Kennedy” and “sector 2”.
10.72.
With respect to gunfire from Tivoli Gardens towards Foxy’s
Plaza about 6.00 p.m., we took into account the video evidence shown
to the Commission. More especially, we took into account the oral
evidence of Maj. Henry that about 4.40 p.m. (not 6.00 p.m.) he and his
team had secured Foxy’s Plaza - see Chapter 4.86. To the extent that
Maj. Henry’s evidence of the time of securing Foxy’s Plaza was not
challenged by any Counsel and, accepting that his watch was
synchronised with Maj. Dixon’s, we accept the time of 4.40 p.m. In any
event, the video tape evidence did not suggest that gunfire was
emanating from within DSP Tabannah’s sector.
10.73.
Insp. Edwards’ and Maj. Williams’ evidence, to the effect
that they did not see DSP Tabannah or any police officers when they
entered Java, does not lead to a necessary conclusion that DSP
Tabannah and police officers were not in sector 1 at the time. It could