402 / 494
401
(Appendix 24), as well as Mr. Witter’s letter of 2 June 2010 to CoP Ellington and
copied to the Minister of National Security (Appendix 25).
FINDINGS
11.129.
From the foregoing, we hold that ACP Gause was in
dereliction of his duties to move expeditiously to commence
investigations into the locations and deaths of civilians. The JCF
should have been well aware of the case of
Michael Gayle v. Jamaica,
Case 12.418, Report No. 92/05, Inter-Am. C.H.R., OEA/Ser.L/V/II.124
Doc (2005),
where Jamaica was criticised internationally for not taking
statements until one week after homicides had taken place. We reject
the evidence of ACP Gause and Det. Insp. Harris (see Chapter 14) that
the environment in Tivoli Gardens was not conducive to processing
possible scenes of crime earlier. After all, Messrs. Witter, Blair and
Salmon toured Tivoli Gardens on 25 May without the threat of injury
and on 26 May ACP Blake was sufficiently confident to instruct that the
scene at a house be processed. Respect for the rights to life required a
swift and appropriate response from the JCF whose duty it was to
investigate the deaths.
Adverse Comments re: ACP Granville Gause
11.130.
On 13 April 2016, the Commission referred para.11.129 (formerly
11.109) as a “proposed adverse comment” to ACP Granville Gause for his
response thereto in accordance with the provisions of the 2013 amendments to
the Commissions of Enquiry Act. We received his undated response on 29 April
2016. It appears as Appendix AC12 to this Report.
Summary of Response by ACP Gause
11.131.
The following is a summary of the response of ACP Gause.