57 / 494
56
257 active gangs operating in Jamaica led by “the Tivoli Gardens Gang which
exerted significant influence over other Southside and the Common/Allo gangs
based in Donmair Close”. CDS Saunders and CoP Ellington saw the Emergency
Powers Regulations as providing “the legal framework for the JDF to move
efficiently support the JCF in their fight against the gangs”. Parliament approved
an extension of the original State of Emergency for 30 days, ending on 22 July
2010.
Threats of Attacks on Key Installations
3.75.
On the night of 23 May, Lt. Col. Jaimie Ogilvie deployed troops to
the power station at Hunts Bay and the oil facility Petrojam along Marcus Garvey
Drive in response to reports that, gunmen loyal to Coke, intended to attack these
facilities.
FINDINGS
3.76.
We accept the evidence of the witnesses who testified on
behalf of the security forces that the sudden deterioration in the
security situation in Tivoli Gardens and other areas of West Kingston
on 23 May 2010 required a swift and decisive response. The situation
in West Kingston had become equally intolerable to law abiding
citizens and the security forces. The CoP and the CDS acted properly in
alerting the Prime Minister and Cabinet to the prevailing serious
conditions in West Kingston. The rule of law was under the severest
threat and we can put the situation in no better terms than those used
by Mr. Golding, namely, “a calculated assault on the authority of the
State.”
3.77.
It is our finding that, as early as January 2010, the security
forces and especially the JCF, contemplated making a request to the
GoJ for the declaration of a limited State of Emergency confined to the