404 / 494
403
Commission’s Comments and Findings
11.132.
Since receiving ACP Gause’s response, we have given
further and careful consideration to it. We stand by our findings and
comments in para.129 but desire to make these additional comments.
We rejected the evidence of ACP Gause and Insp. Harris as it related to
TIVOLI GARDENS. ACP Gause chose to respond that events in
“WESTERN KINGSTON” in the days after 24 May made that larger area
unsafe because of sporadic gunfire. The Commission does not dispute
the evidence of Supt. Gladys Brown-Ellis of gunfire OUTSIDE TIVOLI
GARDENS at Hanover St. on 25 May and in May Pen Cemetery on
28 May.
11.133.
There is not a shred of evidence of gunfire WITHIN TIVOLI
GARDENS (where there were allegations of extra-judicial killings and
evidence of a number of dead bodies) after 25 May such that rendered
that community an unsafe place. Indeed on 26 May, ACP Gause
returned to the area of the Community Centre and established a police
post complete with Complaints Desks. So, too, did OPD. CoP Ellington
issued two Press Releases inviting residents to report missing persons
and “to try to identify whoever it is they have lost because the police
are there” as ACP said in evidence.
11.134.
There is no evidence before us that booby traps or IEDs
INSIDE TIVOLI GARDENS prevented the security forces or residents
from moving around the community in safety after 25 May. And there
was no need to recall Lt. Col. Sewell who testified on 24 June 2015 that
he, the JDF Ground Commander within Tivoli Gardens, was able “to
move around from as early as 2.30 p.m.” on 24 May. Moreover, by
4.00 p.m. the security forces were dominating the community of Tivoli
Gardens and had accomplished a large number of tasks which made