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55
STATE OF EMERGENCY
3.72.
During the briefing of the Cabinet, CoP Ellington and CDS Saunders
had strongly recommended to the political executive that a limited State of
Emergency be declared over parts of Kingston and St. Andrew. They saw this as
being absolutely necessary and critical to enable the security forces to take such
operational measures as were lawful and as a means of containing the escalating
criminal violence. It would also have conduced to a restoration of order and
would have given confidence to the population, especially the residents of West
Kingston. CDS Saunders said –
“The widespread criminal activities and the seriousness of
the threats to the security of the nation, I believe, led the
GoJ to declare a limited State of Emergency, initially for the
parishes of Kingston and St. Andrew.”
3.73.
CoP Ellington revealed under cross-examination that “as far back as
January 2010, consideration was given to having a State of Emergency declared
as part of the planning of the two Forces”. Operation Keywest was dated
11 January 2010. At section 1(v) is set out “Matters for governmental
consideration” and included thereunder are:-
•
Imposition of a limited State of Emergency
•
Imposition of a curfew
•
Advising security forces three (3) days in advance of signing of
warrant.
3.74.
A limited State of Emergency was declared to take effect from
6.00 p.m. on 23 May. It covered Kingston and St. Andrew and was due to expire
on 23 June 2010. Subsequently, on 17 June 2010, CoP Ellington and
CDS Saunders wrote to the Prime Minister jointly and requested that there be an
extension and expansion of the “limited period of public emergency”. Broadly,
the justification for expansion and extension was based on their assessment of
continuing threats to public safety and security from the approximately