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48

FINDINGS

3.52.

Contrary to language pervading our Terms of Reference,

there was no

Provisional Warrant

. We accept the evidence of

Ms. Lightbourne that the warrant for Coke’s arrest was not provisional.

3.53.

We are satisfied that the Prime Minister’s announcement

had the effect of giving impetus to the preparations of some residents

in their desire to create a fortress of Tivoli Gardens. The evidence is

unchallenged and undeniable that fortification was accelerated after

the announcement.

3.54.

The announcement caused further anxiety and tension in

Tivoli Gardens. Mr. Golding admitted this.

3.55.

We are also satisfied that the announcement took away the

element of surprise from the planned operations of the security forces

and allowed the supporters of Coke to mobilise their own forces

against the security forces. Mr. Golding himself acknowledged that

“there [was] some validity to the argument that announcing the

signing of the warrant on the Sunday took away the element of

surprise”. We accept that he genuinely felt “a need for the society to

be advised that an issue that had virtually led almost to a state of

paralysis in terms of governance of the country was being resolved”.

However, we think that it was imprudent on his part not to have

alerted the Heads of the security forces of his intended announcement

prior to doing so. They ought not to have learnt of the Attorney-

General’s intention via the Press.

3.56.

Having regard to Mr. Golding’s long service as a Member of

Parliament; his familiarity with the constituency of West Kingston

which he had represented since 2005; his knowledge of the societal