393 / 494
392
(i)
Evacuation of Coronation Market
11.102.
Coronation Market was the site of sustained and heavy gunfire
between gunmen and the security forces, especially when Bravo Company led by
Maj. Henry, was advancing towards its position North of Tivoli Gardens. We
received evidence that, during the advance through the market, the security
forces observed many persons, other than gunmen, within the market. Some
were playing dominoes. And it later transpired that persons also resided inside
the market. However, no prior effort was made to evacuate these persons.
ACP Blake told the Enquiry –
“Coronation Market is a public place; it always has persons
inside there … we factored in Coronation Market as a place
of interest that we needed to look out for in terms of civilian
existence.”
The evidence suggests that the JDF was not aware of the presence of those
persons within the market prior to the operation. Maj. Henry said that he
“assumed that there might be limited or no persons in the market”, because it
was a public holiday and a State of Emergency had been declared the day
before. But once Maj. Henry became aware of these persons, they were
encouraged to leave the immediate danger areas. Some refused.
FINDING
11.103.
In the circumstances, we find that while there was a duty
to protect these civilians from possible harm, the JDF had no prior
knowledge of their presence but acted appropriately and commendably
when they became aware of them. We commend Lt. Col. Ogilvie and
Maj. Henry for their actions.