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exploding mortar rounds but, under cross-examination, Maj. Cobb-Smith
conceded that he could not say that the properties were in the same condition in
May 2010.
Maj. Cobb-Smith’s Conclusion
10.163.
Nevertheless, he offered an opinion that based on the markings he
had seen on properties, three mortars were fired in the Tivoli Gardens area and
properties in Green Path and Chang Avenue may have been affected. He
thought that a mortar may have landed “within quite a small courtyard of a
building in Green Path...one probably landed on Chang Avenue itself” and a
fragmentation pattern on a wall “was consistent with fragmentation caused by
the third mortar”.
10.164.
As to the other two targets, Maj. Cobb-Smith said that they “were
extremely close to each other”. Dwellings which he saw nearby “would be well
inside the recommended safety distance, remembering that adjustment safety
distance is 700 metres – I would say 75/80 metres”. The Rural Bus Park would
definitely have been within the 700 metres distance.
10.165.
Alternatives to mortars in Maj. Cobb-Smith’s opinion were “stun
grenades and, very possibly, CS gas on limited use”.
The Mortar Line
10.166.
Since the Mortar Line was in the vicinity of some trees near Marcus
Garvey Drive, in Maj. Cobb-Smith’s opinion, there should have been a radio log
and he “was surprised that logs were not maintained in this instance”.
10.167.
Under cross-examination by Mr. Linton Gordon, Maj. Cobb-Smith
accepted that use of mortars was a matter of analysis and assessment for “the
Commander” faced with the threat portfolio and to ensure that women and
children were not used as human shields. He held to his opinion that “the risk in