314 / 494
313
on 24 and 25 May, without more, did not afford and could not have
afforded a justifiable reason for the loss of life.
10.117.
If it is the argument of the security forces that these
bodies represented gunmen who embarked on a vicious and violent
offensive against the security forces, there is one pre-eminent deficit in
the argument. Where were the guns that these deceased persons were
firing? The security forces adduced not a shred of evidence of any
guns found near to bodies at any time, and certainly not after 4:00 p.m.
when they were in control of sectors 1 & 2. Further, no evidence was
placed before us that swabbing of hands of the deceased, who were
allegedly murdered, revealed any residue of gun powder.
The Right to Life and the Use of Mortars
10.118.
The firing of 37 mortar rounds provoked a vibrant debate
during the Enquiry. It was and still is a very important issue. May 24, 2010 was
the first time that mortars were used by the security forces in any operation in
Jamaica. In our discussion of the issue, we shall treat to the issue under various
sub-headings, to seek to ascertain how, why, when and where these weapons
were deployed.
Decision and Reasons for the Decision
10.119.
CDS Saunders took responsibility for the JDF’s use of mortars on
24 May. He said –
“The decision to use mortars was entirely mine.”
10.120.
As to the reasons and purpose for deployment, he said –
“There was a need to keep women and children behind
doors. Experience had shown that, previously, they had
been used as human shields. I needed the troops to have
as much access as possible and to create a different sound