391 / 494
390
“There would have been absolutely no evidence of an
entire section of a community razed.”
11.96.
Furthermore, the investigations of MoLSS reveal that
approximately 56 dwellings at 1 McKenzie Drive were “totally
destroyed”. The Commission also heard evidence that several houses
on Chang Avenue were destroyed by fire. Either CoP Ellington did not
see the destruction wrought in these areas or the information given to
him by Silver or Bronze Commanders was deficient.
11.97.
Finally, we have not attempted “to tarnish the good image
and professional reputation of career Police Officers”. By virtue of
section 7 of the Commissions of Enquiry Act, our duties are “to make a
full, faithful and impartial enquiry” into the matters specified in our
Terms of Reference and to furnish His Excellency, the Governor-
General with “a full statement of the proceedings of the Commission
and of the reasons leading to the conclusions arrived at or reported”.
Impartiality requires that we treat all witnesses equally and without
fear or favour. It requires that, if the evidence of any witness, upon
careful evaluation, proves to be unreliable or untrue, we must make an
appropriate finding irrespective of the status of that witness.
PART D
DERELICTION OF DUTY
Introduction
11.98.
An assessment of probable dereliction of duty ought to begin with
identification of conditions that ought to be met. The statutes of the JDF and
the JCF do not provide much assistance in identifying these conditions.
Secondly, the definition or applicability of the concept of duty has been the