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407

Commission’s Comments and Findings

11.144.

On p.6 of Appendix ‘A’ to the Operational Plan of the JCF is

provision for “Injured Persons”. It is stated as follows thereunder:

“The ACP Mobile Reserve will deploy the Armoured

Ambulance for use in the extraction of any injured

person, to include members of the Security Forces

during the operation. Increased RTC deployment to

coincide with the operation will be deployed at the

hospital to deal with security, crowd control and the

protection of security personnel who may be

hospitalised. The persons injured in the operation

will be taken to the Kingston Public Hospital along a

specified route.”

11.145.

The said Appendix ‘A’ set out the duties of the “Silver

Commander – Arrest, Search and Evidence Gathering” as follows:

“An Assistant Commissioner of Police will be the

Silver Commander with responsibility for arrest,

search, evidence-gathering, processing of the subject

and treatment of significant other suspects

arrested/detained.”

Bronze Commanders “Search, Arrest, Evidence-Gathering” were to be

“appointed and briefed by ACP CIB”.

11.146.

There was no specific provision in Appendix ‘A’ for dealing

with the

collection or treatment of dead bodies

. Indeed there was no

mention of such persons in Appendix ‘A’. Thus, any duties in

connection with the removal of dead bodies could only arise where the

circumstances, by their very nature, imposed duties. On 4 June 2015,

SSP Graham agreed that the Operational Plan was “tweaked from here

to there to respond to the dynamics of the situation”. He also said, in

answer to Ms. Taylor of INDECOM: