403 / 494
402
(i)
The case of
Michael Gayle v. Jamaica
is not relevant and we
ignored the prevailing conditions that warranted the declaration of
the State of Emergency and the evidence of the events occurring in
Western Kingston after 24 May 2010.
(ii)
Lt. Col. Sewell who was in charge of large numbers of JDF
personnel cleaning up the area was not asked to comment on
“many of the assumptions being made to ground an adverse
finding”.
(iii)
The area was unsafe because of booby traps within the community.
(iv)
There is un-contradicted evidence of coordinated efforts between
BSI and OPD to create an environment for citizens to make reports.
(v)
The JCF started investigations relating to dead bodies as soon as it
was possible to do so and the Commission should pay regard to the
extraordinary efforts and strain placed on BSI personnel.
(vi)
Investigation of all homicides was the duty of the Criminal
Investigation Branch (CIB) not BSI under the terms of the
operational plan.
(vii)
A finding of dereliction of duty can only be made where one is
required to carry out a function and fails to do so. BSI was asked
to carry out functions “in circumstances outside any norm”, and BSI
performed.
(viii)
It would have been dangerous for personnel from the Scenes of
Crime Unit to enter the area which was rigged with IEDs.
(ix)
It would be unreasonable to hold that there was dereliction
because persons did not act expeditiously.
(x)
ACP Les Green should have been questioned about the work
carried on at the command post.