304 / 494
303
scenes. We ascribe no adverse comment to Lt. Col. Ogilvie who, we
think, did his best in the circumstances.
10.87.
In the circumstances, the Commission sees no reason to
alter its findings and comments about DSP Tabannah, save for the
typographical errors referred to above. Accordingly, for all the reasons
stated originally at paras.10.59, 10.60 and 10.63 as well as in this
section of the Report, the Commission stands by its adverse findings
and comments.
Adverse Comments re: Sgt. Steve Waugh
10.88.
On 22 March 2016, the Commission referred drafts of paras.10.58
to 10.68 as “proposed adverse comments” to Sgt. Steve Waugh for his
response thereto in accordance with the provision of the 2013 amendments to
the Commissions of Enquiry Act. We received his response dated 5 April 2016.
It appears at Appendix AC6 to this Report.
Summary of Response by Sgt. Steve Waugh
(i)
The Commission does not appreciate that the function of driving
was separate from that of note-taking.
(ii)
We placed undue emphasis on his lack of knowledge of the names
of roads. He had never gone to Tivoli Gardens before and was not
familiar with the names of roads.
(iii)
He stands by his testimony that “he brought bodies to KPH that
were pronounced dead by doctors”.
(iv)
He accuses us of seeking to “malign his character” and “distort the
evidence to achieve a desired result”.
(v)
We have shown deference to the JDF. Lt. Col. Ogilvie was not
“vilified” in the same way as JCF officers who removed the bodies.