324 / 494
323
10.148.
By letter dated 23 August 2012, Capt. Chester Crooks answered the
two queries thus:
“The types of incendiary devices that were used were
mortars. These mortars were used as a diversionary tactic
with the aim of confusing the highly armed gunmen who
were targeting the troops including the manning of
barricades which were erected to prevent the security forces
from entering Tivoli Gardens. The use of these mortars was
supervised by highly trained and competent JDF personnel
who ensured that the mortars were targeted at open areas,
thus minimising the possibility of casualties.
The use of those devices was thought to be appropriate
based on the information which suggested that there were
hundreds of armed gunmen in West Kingston prior to the
entry of the security forces. In addition to distracting and
creating confusion among these highly armed gunmen, it
minimised the potential for loss of life among the civilian and
also the security forces who were facing direct gunfire and
the very real possibility of being ambushed at rigged
barricades.”
10.149.
On 31 August 2012, Capt. Crooks wrote another letter “to provide
further clarification to prevent any ambiguity”. In this letter he stated:
“It should be noted that the mortars used are capable of
firing rounds of varying types as follows:
(a)
Explosives;
(b)
Illuminative;
(c)
White Phosphorous (incendiary).
However, the rounds that were used by the JDF at the time
in question were explosive and not incendiary.”
Capt. Crook’s letters are appended hereto as Appendices 19 and 20, respectively.
Ret. Major Christopher Cobb-Smith
10.150.
On February 8 and 9, 2016, Maj. Christopher Cobb-Smith, a retired
British Army Officer, gave evidence. He was brought by INDECOM as an expert
to comment on the evidence of Maj. Dixon and the use of mortars during the