329 / 494
328
firing the mortars was not justified” even if they kept women and children inside
and disoriented gunmen. But since he did not know where the mortars actually
landed, he was not in a position to determine whether they were a success or
not. Acknowledging the challenge faced by the security forces, Maj. Cobb-Smith
said –
“I empathise with the Commander’s (CDS) challenges for
this operation... I think he was badly advised to take the risk
to fire mortars.”
10.168.
But he maintained that the alternatives he suggested would still
have been practical “as they worked their way, street by street as any other
conventional force would in fighting in built-up areas (FIBUA)”. In response to
Lord Gifford, Maj. Cobb-Smith testified that a white phosphorous mortar could
cause fire and burns and would produce white smoke. In response to the
Chairman, Maj. Cobb-Smith said –
“I agree entirely with your observation that whether injury
or death was a consequence, does not derogate from the
inherent danger of using that weapon in that type of
environment.”
FINDINGS
10.169.
We have borne in mind that the security forces were in
possession of credible Intelligence and, indeed, evidence that persons
loyal to Christopher Coke had determined to prevent his arrest by
means of the several forms of defence mechanisms deliberately
established in and around Tivoli Gardens in the week immediately
preceding 24 May 2010.
10.170.
This determination was acted out on 23 May when gunmen
made concerted, coordinated, violent attacks against police assets.
These attacks provided some corroboration of the Intelligence that