410 / 494
409
explicitly that
(a)
SSP Graham “
did not ensure that a record was made
of the locations of bodies
” and
(b)
he did not “
take any action to
determine whether his instructions were carried out…
”. It is not our
finding that processing of bodies was the task of Mobile Reserve. On
the other hand, its task was the removal of bodies. DSP Tabannah, a
Bronze Commander attached to Mobile Reserve, assigned the tasks of
removal of bodies to Sgts. Waugh and Pratt.
11.150.
SSP Graham admitted that members of Mobile Reserve
assisted in picking up bodies but he argues that “a mere
communication to the persons in the area to pick up dead bodies does
not make you responsible for the task”. We do not characterise
communications from CoP Ellington to ascertain the reliability of
information about dead bodies being thrown “all over the place” as “a
mere communication”. That SSP Graham gave instructions for the
information to be verified, suggests to us that this was a matter of
significant importance, especially having regard to the status of the
author of the communication. In our judgment, the circumstances
required SSP Graham to ensure that his instructions were carried out
and to be in a position to report his findings to the Commissioner of
Police. It was a task to be executed and reported on. As Ground
Commander, it was SSP Graham’s duty to make sure that reporting
was carried out up the chain of command.
11.151.
It is our opinion that the collection of dead bodies also
required that their locations be marked. This was not a matter of
“processing dead bodies”.
It was a matter that was related to the
narrow issue of how dead bodies were collected. There ought to have
been and made available to the Commission, a record of the locations
of bodies as allegedly made by Cons Maxwell. No such record was
produced to the Enquiry.
As it turned out, the Enquiry received no