365 / 494
364
11.7.
Even though there was some coordination, we were left with the
impression that there was an element of separateness in the operational
planning and execution of the operation. This separateness was exemplified in
the nomenclature of the operation. For the JDF it was “Operation Garden
Parish”; for the JCF it was titled “Operation Keywest”. Additionally, the two plans
appear not to have had the same objectives. At p.3 of Operation Keywest, the
objectives of the JCF were (a) “to apprehend the suspect and repel any
resistance”; (b) “to restore security and confidence to the community”, or as it
was also expressed, “to shape the environment in Western Kingston, and
particularly Tivoli Gardens, for the delivery of community policing”. On the other
hand, CDS Saunders, in his oral evidence, stated the objective of the JDF as an
“operation for the capture of Coke”.
11.8.
The evidence received by us makes it reasonably clear that
whereas the respective plans were not necessarily shared, planning guidelines
were jointly developed.
11.9.
The Joint Command had its first meeting in December 2009 at
which the general principles that would guide the operation were developed.
According to Lt. Col. Ogilvie at para.10 of his witness statement –
“Among the issues discussed and the guidance given, was
the need to ensure that Mr. Coke’s rights were not violated,
that in any operation the rights of citizens were respected
and protected, that it should consist of 3 phases – planning
and preparation, search and capture and return to normalcy,
the importance of examining past operations in Western
Kingston, the need for disciplined but overwhelming force to
be used, and the importance of the security forces having a
positive impact on the community.”
11.10.
The planning guidelines of the JCF took the form of an Operational
Order dated 11 January 2010. CoP Ellington explained the content and purport
of the Order during his evidence on 13 April 2015: