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417

whatsoever on the part of Prime Minister Golding or CoP Ellington in

pursuing their efforts for a peaceful solution to a very serious situation.

12.20.

We resile from making any finding in respect of the role of

Rev. Al Miller. It was our decision not to take evidence from Rev. Miller

during the public hearings because, at that time, he was still on trial

for an offence connected to the surrender/capture of Coke. In those

circumstances, we considered it prudent to take no step which might

be construed as prejudicial to his right to a fair trial. Thus, even

though we accept the evidence that Rev. Miller communicated

information from CoP Ellington to Coke, we are in no position to state

whether Rev. Miller acted on behalf of the GoJ or any official thereof, in

the absence of testimony from Rev. Miller himself. Similarly, we are

unable to make any finding as to Rev. Miller’s role and function during

the period of Coke’s escape and ultimate surrender/capture. In fact

we cannot report whether Coke surrendered or was captured.

PART 2

12.21.

In this Part, the evidence of SSP. Fitz Bailey (JCF) and that of

Lt. Col. David Cummings (JDF) is relevant to the questions raised in the Term of

Reference.

S/Supt. Bailey

12.22.

In May 2010 SSP Bailey was Head of the Organised Crime

Investigations Division (OCID). The role of OCID was to conduct searches for

documents and contraband relevant to the

Proceeds of Crime Act

and the

Intellectual Property Rights Act

. SSP Bailey gave the date when his Division

conducted searches. He said –