335 / 494
334
job with the use of mortars”. The use of mortars gave the
JDF an advantage over the gunmen.
Commission’s Comments and Findings
10.185.
We have no doubt that CDS Saunders gave careful and
deep thought to his decision to use mortars. His decision to have them
fired in 2 open fields is evidence of his balancing the interests of the
residents and the objectives of the internal security operation. We,
however, part company with CDS Saunders in respect of his decision to
explode mortars WITHIN THE DENSELY POPULATED AREA OF TIVOLI
GARDENS ITSELF. Accordingly, we re-affirm our findings at
para.10. 175.
10.186.
We make two other points. First, the evidence is clear that
when the security forces attempted to break down barricades to gain
entry into Tivoli Gardens, they met extremely heavy resistance from
gunmen in bushes in the vicinity of Rasta City and from high-rise
buildings within Tivoli Gardens. At least one .50 calibre Grizzly Boar
was used against the FEL driven by L/Cpl. McLennon and the APC
carrying Insp. Edwards and others. The evidence, which we accept, is
that the security forces engaged these men and repelled the attack
using more acceptable direct fire weapons. The gunmen fled West of
Tivoli Gardens. Maj. Mahatma Williams and Insp. Edwards were able to
gain entry into the community and carry out their tasks. The second
point we make is that, it is widely accepted in contemporary learning
on international humanitarian law and military best practice that
weapons of indirect fire should not be used in heavily built-up areas.
10.187.
We adhere to our finding that, notwithstanding the
unprecedented and vicious attacks planned and executed by Coke and