332 / 494
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the evidence, there was a large measure of agreement between the
two experts on matters of doctrine and the guidelines issued by the
British Army.
10.177.
However, there were significant differences in their
testimony on other matters. We noted that Maj. Dixon’s witness
statement of 1¼ pages (Appendix 21),made little or no reference to
essential considerations. For example, it was bereft of the number of
rounds fired, the times when they were fired, whether any failed to
detonate, the safety distances, the measurements of the target areas,
his location on the day in question. Evidence on these and other key
issues was adduced only during his oral evidence on 1 and 2 December
2015. Maj. Cobb-Smith’s first witness statement (Appendix 22) was
dated 29 November 2015, and his second witness statement of
4 February 2016 (Appendix 23), provided a fuller account and analysis
of key considerations.
10.178.
There is a material discrepancy between the evidence of
Maj. Dixon and Maj. Cheverria for which there has been no
explanation. Maj. Dixon testified twice that at 12.40 p.m. he fired
mortars into the field North of the Community Centre at the request of
Maj. Cheverria because of the intensity of the gunfire Maj. Cheverria
was facing while trying to enter Rasta City. When recalled by the
Commissioners to give evidence on 18 February 2016, Maj. Cheverria
denied making a request of Maj. Dixon to fire a mortar and said,
moreover, that about 12.30 p.m. he had actually got into Tivoli
Gardens. He recalled mortar rounds being fired before he entered. In
so far as Maj. Dixon testified that he synchronised the watches of the
ground commanders and Maj. Cheverria believes that he probably did
so, we prefer the evidence of Maj. Cheverria and find that he did not
request Maj. Dixon to fire a mortar at 12.40 p.m. or at all.