387 / 494
386
Commission’s Comments and Findings
11.86.
There was no evidence of explosives that were rigged
within the community of Tivoli Gardens in such a manner as posed a
threat to human life following
(a)
the destruction of barricades and
embattlements on 24 May, and
(b)
the completion of house clearing
and searches during the evening of 24 May. In the course of his oral
evidence, CoP Ellington did say that “barricades were rigged with
IEDs”. We have construed that evidence to mean that the perimeter of
Tivoli Gardens where there were barricades were rigged with IEDs.
On 25 May, it was not considered reckless or dangerous to permit
Mr. Earl Witter Q.C., Bishop Blair and Dr. Salmon to walk through parts
of the interior of Tivoli Gardens or for CoP Ellington himself and
ACP Gause to go to the area. Nor did ACP Blake consider it reckless
and dangerous to give instructions on 26 May for a house where there
were dead bodies to be processed. Moreover, since both the JCF and
OPD had established “desks” in the community and were receiving
complaints from residents daily, it must truly have been a “surprise” to
Mr. Witter that processing of potential scenes crime had not begun
when he wrote to ACP Gause on 31 May – see Appendix 24. It will be
recalled that Mr. Witter complained that the rainfall on the weekend
prior to his letter would have “washed away forensic evidence” such as
blood or serosanguineous stains. Mr. Witter who was on the scene,
and whose evidence we accept, clearly did not consider it reckless or
dangerous that the processing of scenes should have commenced even
prior to his correspondence.
11.87.
As to CoP Ellington’s response to our comment in relation
to after-action reports, it was his evidence that –
“There was a lack of recorded briefing and de-
briefing. These operational concerns came from