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10.179.
With regard to the safety distances, we find that the
guidelines for safety distances were not followed and some residents
and properties in Tivoli Gardens were in danger areas. The target area
was less than 550 metres from the nearest civilian buildings. The
doctrine or guidelines called for a radial safety distance of 700 metres
but this was never achieved. Firing into Tivoli Gardens football field
permitted a safety distance of only 50 metres, well inside the danger
area.
10.180.
Although Maj. Cobb-Smith could not be sure that property
damage which appeared to have been caused by shrapnel from mortars
was actually caused in 2010, Lt. Col. Sewell’s evidence of what
residents told him about “things falling from the sky” and what he saw,
viz. “varying degrees of houses with holes”, impels us to a finding that
the holes in properties pointed out by Maj. Cobb-Smith were very
probably the result of shrapnel from an exploding mortar.
10.181.
In the circumstances, it is our finding that the decision to
use mortars on 24 May was a serious error of judgment. Given the
geography of the area as stated above, it was reckless and wholly
disproportionate to the threats offered by gunmen.
10.182.
For the reasons already stated at Chapter 9.80, we find
that Carl Henry was probably killed by shrapnel from an exploding
mortar; Bojan Rochester was probably also killed by mortar fire
although the gunshot wounds found on his body in addition to the
lacerated wounds, strongly suggest that he was also shot by a gun.
10.183.
We are aware that the United Nations have repeatedly
expressed concern about the problems caused to humanity by the use
of the mortarsin populated areas because of the fact that such