467 / 494
466
14.120.
Lt. Col. Cummings claimed that on 25 May he saw wooden coffins
in MPC and several persons were there. In answer to Lord Gifford, he said –
“I recollect that just prior to midday on 25 May, the coffins
and people were there – not on 26 or 27 May… I am not
aware that post mortems were carried out on 26 and 27 by
the Consultant Pathologist.”
PART D
HOUSE CLEARING AND SEARCHES
14.121.
Section 19(1) of the Constitution enacted –
“Except with his own consent, no person shall be subject to
the search of his person or his property or the entry by
others on his property.”
As with some of the other Constitutional provisions discussed, a law that is
reasonably required “in the interests of defence, public safety, public order,
public morality, public health…” may not be in contravention of s.19(1). In this
regard, Reg.28 of the Emergency Powers Regulations (No.1) 2010 (
supra
) gave
the security forces power to enter and search premises “suspected of harbouring
or containing any persons suspected of having committed or being about to
commit any offence against these Regulations”.
14.122.
The manner in which the security forces cleared and searched
houses was a prominent feature of the evidence of residents who testified and
was tangentially discussed in Chapter 7. But to the extent that such exercises
involved the conduct of the security forces directly, it is convenient and
appropriate to highlight here the substance of the evidence touching and
concerning the house clearing and searches conducted by the security forces
especially on 24 and 25 May.