395 / 494
394
(iii)
Use of Mortars
FINDING
11.108.
Our findings in respect of the use of mortars are made in
Chapter 10and para.11.71
(supra).
We consider that the use of mortar
fire inside the built-up area of Tivoli Gardens was a breach of the duty
to protect the lives of residents.
(iv)
Treatment of the Injured
11.109.
The JDF established a medical post at Seprod and provided
ambulances and personnel to assist with the transportation of injured residents.
The JCF provided one ambulance. However, on the evidence adduced to us,
assistance provided by the security forces to injured persons was minimal. Two
men, Nicholas Wilson and Damion Lindsay, were being taken to hospital on
handcarts by relatives in the sight of members of the security forces. The
evidence is that no steps were taken by the security forces to render assistance
to those two men. In the case of Wilson, his mother’s niece communicated by
telephone from overseas with a person in the JDF. Subsequently, soldiers took
his mother (Adina Darby) who was also injured to UHWI.
11.110.
Mr. Witter testified that he saw a young man who was injured but
still showing signs of life during his tour of Tivoli Gardens on 25 May. He drew
Lt. Col. Sewell’s attention to the man and requested that assistance be given to
the man. Mr. Witter’s evidence is that there was no response to his request.
Lt. Col. Sewell did not have an opportunity to respond to Mr. Witter’s evidence
and has since retired from the JDF.