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308

Adverse Comments re: Sgt. Mario Pratt

10.104.

On 21 March 2016, the Commission referred drafts of paras.10.58

to 10.68 as “proposed adverse comments” to Sgt. Mario Pratt for his response

thereto in accordance with the provisions of the 2013 amendments to the

Commissions of Enquiry Act. Sgt. Pratt responded on 5 April 2016. His response

appears at Appendix AC8 of this Report.

Summary of Response by Sgt. Pratt

10.105.

(i)

It is unreasonable to take issue with his credibility while

finding witnesses for the JDF credible.

(ii)

He had not gone to Tivoli Gardens before 24 May and was

unfamiliar with the area.

(iii)

He saw Cons. Maxwell making notes on 25 May. 27 bodies

were collected.

(iv)

Based on the operational plan, more could have been done

by persons responsible for investigations.

(v)

The fact that the records of KPH do not show that 2 bodies

were taken there on 24 May, cannot determine the

credibility of DSP Tabannah and Sgt. Waugh. He (Sgt. Pratt)

was not served with a copy of the KPH records.

(vi)

We have disregarded his testimony because we failed to

assess the evidence properly.

(vii)

The team of which he was a part came under sustained

gunfire for 2 hours.

Commission’s Comments and Findings

10.106.

There is nothing in Sgt. Pratt’s response that persuades us

to change our findings. Sgt. Pratt persists in the belief that

Sgt. Waugh’s oral evidence of taking 2 bodies to KPH on 24 May and