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336
Report on Extradition of Christopher “Dudus” Coke,
page 1).
10.189.
The internal security operation was carried out under a
State of Emergency where certain fundamental rights of citizens were
curtailed. However, the critical issue, as we conceive it, is whether the
objective of using mortars inside Tivoli Gardens was sufficiently
important to justify a real threat to human life. In our judgment, that
issue must be answered in the negative for the reasons stated above.
10.190.
Turning to the second question in Lord Sumption’s
formulation, the decision to use mortars inside the community, a
heavily built-up area, was not rational because of the potentiality of
death or serious injury to residents. In answer to the third question,
we are of opinion that a less inherently dangerous measure could and
should have been used, namely, more acceptable direct fire weapons in
the heavily built-up area as suggested by Maj. Cobb-Smith in his
evidence. In any event, it was part of the plan of the security forces
and given in evidence, that they intended to confront the opposing
“army” of gunmen with “overwhelming numerical force” as indeed
happened. In respect of Lord Sumption’s first question, for the reasons
stated in this Report, we find that a fair balance was not struck
between the rights of residents and the larger interests of seeking the
arrest of Coke.
10.191.
We also observe that, after the advance party, led by
Maj. Williams and Insp. Edwards, had gained entry into the community,
the level of resistance within Tivoli Gardens noticeably declined. In the
circumstances, we hold that the tests propounded by the UK Supreme
Court in the two cases cited were not satisfied.