302 / 494
301
Re: Para.10.63 – Summary of Response by DSP Tabannah
10.81.
(i)
The records were handed over to police personnel at the
Command Post by Cons. Maxwell.
(ii)
When DSP Tabannah testified, he made it clear that the
records relating to the collection of bodies were never in his
possession.
(iii)
He was under no duty to retrieve or obtain records collated
by Cons. Maxwell.
(iv)
The Commission should have summoned the records and it
is strange that the JDF was not asked to produce records
concerning the handling of bodies.
Commission’s Comments and Findings
10.82.
If it is true that Cons. Maxwell’s notes were handed over to
personnel at the Command Post, it is indeed strange that they were not
located during the Enquiry or at any time before. ACP Gause testified
that he gave instructions to locate documentary evidence of where
bodies were found. But he told the Commission –
“For the 5 months, between May and October 2010, I
did not have any documentary evidence showing
where bodies were found, on what date or whether
anything illegal was found near the bodies.”
10.83.
And, as reported elsewhere in this Report, ACP Gause gave
evidence that the duty to insist that Cons. Maxwell’s notes be made
available to BSI as soon as possible after 24 May, “could very well be
the responsibility of Maxwell’s commanding officer, more so the SO
i/c.” In light of ACP Gause’s reference to “Commanding Officer”, it
seems to us that it was DCP Tabannah’s responsibility to recover
Cons. Maxwell’s notes.