306 / 494
305
10.92.
With respect, in the face of the evidence of ACP Gause and
SSP Graham, Sgt. Waugh’s evidence was discredited. That is a finding
which we, as the tribunal of fact, are entitled to make upon an
evaluation of the totality of the evidence. And we so make that
finding. It requires no distortion of the evidence to assert the falsity of
Sgt. Waugh’s testimony. The evidence speaks for itself.
10.93.
So far as Sgt. Waugh’s response alludes to our refusal to
“vilify” Lt. Col. Ogilvie, we have set out Lt. Col. Ogilvie’s evidence in
relation to the collection and disposal of bodies by the JDF. We pointed
out that Lt. Col. Ogilvie’s evidence was not disputed or criticised by
Counsel for the JCF. His evidence raised no issue as to his credibility.
The responsibility for securing information concerning dead bodies
recovered by the JDF rested squarely on the JCF who, as the civil
power, was under a duty to investigate those deaths.
10.94.
We expect, as happened, that those against whom adverse
findings were proposed, would insist that they spoke the truth during
the Enquiry. Notwithstanding such insistence, however, it is entirely a
matter for us, as Commissioners, to determine whether they in fact
spoke the truth.
Adverse Comments re: DSP Warren Turner
10.95.
On 21 March 2016 and 13 April 2016, the Commission referred
drafts of paras.10.58 to 10.68 and 10.115 (formerly 10.73) and 11.107 (formerly
11.103) as “proposed adverse comments” to DSP Warren Turner for his response
thereto in accordance with the provisions of the 2013 amendments to the
Commissions of Enquiry Act. We received DSP Turner’s written responses dated
5 April 2016 and 27 April 2016. They appear as Appendix AC7A and AC7B to this
Report.