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statement, Lt. Col. Sewell stated that “the community of Tivoli Gardens
was eventually cordoned off about 1.30 p.m. on 24 May 2010”.
10.216.
Of significance is the fact that neither Lt. Col. Sewell,
Maj. Williams, Insp. Edwards, nor Maj. Kennedy made any mention
whatsoever in their witness statements of the use or effect of mortars
as they sought to enter the community or at all. We should have
thought that if the use and effect of mortars on gunmen were so
significant, the JDF witnesses on the ground would have opined
accordingly during their evidence.
Re: Para.10.181 and 10.182 (formerly 10.139 and 10.140) – Summary of
Responses
10.217.
(i)
A finding of recklessness and disproportionality in the use of
mortars is inconsistent with the evidence given the nature of
the security threat.
(ii) If mortars had not been used and a conventional approach
to fighting in built-up areas had been adopted, there would
have been far more casualties.
(iii) The sound of the mortars had the desired effect of keeping
women and children indoors, therefore the use of mortars
was not reckless and disproportionate.
Commission’s Comments and Findings
10.218.
It is possible that the use of mortars had the effect of
keeping women and children indoors but, equally, it is also possible
that the sheer scale and intensity of the conflict, including the presence
of large numbers of the security forces within the community armed