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situation in Tivoli Gardens and related areas was grave. It portended a violent
confrontation between the security forces and citizens of Jamaica.
3.66.
In the words of CDS Saunders at para.20 of his witness statement–
“These unprecedented, deliberate, coordinated attacks
against the legitimate State and particularly against the JCF,
created a situation that severely demoralized and
overwhelmed the capacity of the JCF. It immediately
threatened the State’s ability to enforce its legitimate
authority through its primary law enforcement agency and
thereby presented a challenge to the continued existence of
lawful governance in Jamaica.”
3.67.
CoP Ellington said that he and CDS Saunders briefed the Cabinet
“on the deteriorating security situation in Kingston and our assessment that it
was likely to escalate”. They gave the Cabinet the benefit of their latest
Intelligence which suggested that –
•
attacks would be directed at innocent, unarmed civilians;
•
the intention of the criminals was to engage in an intense
gun battle, shoot many citizens and break the spirit of the
JCF so that they could not enter Tivoli Gardens to arrest
Coke;
•
the criminals wished to stretch the resources of the JCF then
and deny it operational capability;
•
the use of explosives, the barricading of thousands of
residents within Tivoli Gardens, locating tyres in strategic
positions portended danger for those residents.
3.68.
CoP Ellington’s view was that such a situation “called for a response
beyond the capability of the JCF……We needed emergency powers which would
enable the JDF to take the lead on certain aspects of the operation and create a
safe environment for the continued execution of the operation.”
3.69.
Mr. Golding’s evidence is as follows: