339 / 494
338
Forces which they commanded. The use of mortars would have been
an unusual tactic with potential very serious consequences. Surely
there was a case for communication between the leadership of the two
Forces on the matter of the use of mortars. The JDF was acting in aid
of the JCF.
10.195.
There was some confusion in respect of Lt. Col. Sewell’s
knowledge of the use of mortars. His evidence as to his knowledge of
the use of mortars is not straightforward. Having re-considered his
evidence carefully in the context of the responses by CDS Saunders and
Maj. Dixon, it seems to us that what he intended to convey was that he
was not aware of the use of mortars before he actually heard the
explosions. We are satisfied that Lt. Col. Sewell knew of a plan to use
mortars. Indeed it follows that if his three Company Commanders
knew of the plan, he ought to have known of it as their Commander.
The confusion in the evidence arose because, having said in answer to
Mr. McBean that he was aware of mortars being used, he subsequently
gave an answer that he was “not necessarily aware that mortars were
being used”.
Re: Para.10.174 (formerly 10.132) – Summary of Responses
10.196.
(i)
The Commission should not place undue reliance upon the
letters of Capt. Crooks to Mr. Witter. He was an attorney-at-
law in the legal department of the JDF and had no training
in the use of mortars.
(ii)
The Commission should review Mr. Golding’s evidence in
order to appreciate how CDS Saunders dealt with the
matter. Mr. Golding said that he did not expect
CDS Saunders to give him details.