345 / 494
344
(ii) The Commission should have regard to the fact that, along
Maj. Henry’s route, no mortars were used and his troops
were engaged in a firefight for approximately 4 hours using
conventional artillery. Sixteen civilians were found dead on
Spanish Town Road.
(iii) Maj. Dixon used the mortars in a skilled, competent and
responsible manner.
Commission’s Comments and Findings
10.214.
There is nothing in the responses that causes us to amend
our findings. We compliment Maj. Dixon on his frankness and
openness in conceding that the recommended safety distances were
not followed. We think that such non-compliance with the doctrine
merely strengthens our findings that firing mortar rounds within the
community of Tivoli Gardens was reckless and irresponsible.
10.215.
We are unable to draw the inferences suggested that,
because no mortars were used in Maj. Henry’s area of operation,
16 deaths occurred and the firefight was necessarily prolonged by the
use of conventional weaponry. The evidence is not clear and
compelling that the gunmen inside Tivoli Gardens were deterred by the
use of mortars. What the evidence shows is that, as the advance forces
led by Maj. Williams approached the train line by the intersection of
Industrial Terrace and Marcus Garvey Drive, they were viciously
attacked by a group of about 15 gunmen in bushes near Rasta City and
from high-rise buildings within Tivoli Gardens. The security forces
repelled these attacks and the men fled. Thereafter, the forces were
able to enter Tivoli Gardens. Gunfire from gunmen lessened
considerably and, by 2.30 p.m. Lt. Col. Sewell was satisfied that the
sectors under his command were safe. In fact, in his witness