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317

responsible for the mortars. It was under the purview of the

CDS.”

10.130.

Later, he said the he did not agree with Counsel that he should

have had prior knowledge of the use of mortars which could have put his troops

at risk. To Mr. Michael Williams, Lt. Col. Sewell said –

“A plan that could have embraced the use of mortars was

made available to my troops. I knew that it was planned to

create big bangs.”

Captain Garth Anderson

10.131.

Capt. Anderson testified that use of mortars “was part of the

overall plan”.

“There was a general time for firing the mortars. It would

have been prior to the entry of my troops into the sector.

The target area was South of my sector where there was a

football field. I heard when they were fired.”

10.132.

Capt. Anderson said that he knew that mortars were to be used –

“to encourage innocent civilians to remain indoors so as to

reduce harm to them and also to disorientate gunmen…..On

my approach to my objective, mortars were being fired so I

was in Tivoli Gardens but not in the danger zone.”

Lt. Col. Ogilvie

10.133.

Lt. Col. Ogilvie was aware that mortars would be used “before the

operation”. While he was at Up Park Camp, he heard explosions from mortars

between 11.00 a.m. and 11.30 a.m. and “about midday”. He said in response to

Mr. Michael Williams –

“I was present when the use of mortars was discussed. The

CDS, looking at the forces amassed in West Kingston and

the methodologies that could be used to psychologically

impact the criminals, determined that mortars were to be

used in a limited way. They were to be fired at the

beginning of the operation in open fields… Maj. Dixon was