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343

COMMISSIONER: Can’t recall or you did not do it?

A: I can’t recall making any request of Maj. Dixon on

that day.”

10.210.

Having seen and heard Maj. Cheverria, we find that he did

not request Maj. Dixon to fire a mortar. His first and second answers

to the Chairman’s questions were definitive. Subsequently, he used

the words “can’t recall”.

10.211.

Whereas we have taken into account in this Enquiry that all

witnesses have been required to recall events taking place six years

ago, and while we make allowances for faulty recall of those events, so

far as members of the security forces are concerned, we expected

reasonable precision in their evidence as to time. In the case of JDF

witnesses, Maj. Dixon’s evidence was that he synchronised the

watches of the various commanders. Maj. Cheverria testified that “it

could have been Maj. Dixon who synchronised the watches of all of us.

That is standard procedure before going into an operation.”

10.212.

We find material discrepancies in the evidence of

Maj. Dixon and Maj. Cheverria as set out in para.10.178 and prefer the

evidence of Maj. Cheverria on the two issues. He did not request Maj.

Dixon to fire mortars.

Re: Para.10.179 (formerly 10.137) – Summary of Responses

10.213.

(i)

Maj. Dixon accepts that the guidelines as set out in the

manual for mortar fire were not followed. It is also a

requirement that high velocity weapons ought not to be

used in residential areas but in so far as the gunmen were

using such types of weapon, the JDF was obliged to respond

commensurately.