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342

Commission’s Comments and Findings

10.207.

We note, without more, that Maj. Dixon’s witness

statement was signed on 18 June 2015 – at a time when the

Commission of Enquiry was actively embarked upon its mandate.

Re: Para.10.178 (formerly 10.136) – Summary of Responses

10.208.

(i) There is no discrepancy between the evidence of Maj. Dixon

and Maj. Cheverria. Maj. Dixon said he was asked by Maj.

Cheverria to use mortar fire. Maj. Cheverria said he could

not recall if he had made the request.

(ii) The differences in times stated by various Company

Commanders regarding their times of entry into Tivoli

Gardens must be understood against the background of the

lapse of time from the events. Differences in times should

not be construed as false evidence.

Commission’s Comments and Findings

10.209.

When Maj. Cheverria was recalled on 18 February 2016,

questions were put to him by the Chairman as follows:

“COMMISSIONER: Did you request a mortar to be

fired?

A: No, Sir, that was a part of the initial plan. I made

no request on the day.

COMMISSIONER: No, No. Did you?

A: No, Sir.

COMMISSIONER: You didn’t call Dixon and say, ‘time

to fire’ or words to that effect or ask him to fire

anything?

A: No, Sir. I can’t recall making any such request.