7 / 494
6
freer flow especially in view of the overlapping of themes. To that extent, and
having regard to the overlapping of themes, some repetition was, however,
unavoidable.
Approach of the Commissioners to Particular Matters
1.10.
We think it appropriate to elucidate our approach to four key
matters.
(i) The Purpose and Objective of a Commission of Enquiry
1.11.
The Commissioners saw its function as trying to search for truth
about the various matters mandated by the Terms of Reference. Having regard
to the limited time-frame given us, it was neither prudent nor practical to call as
a witness every person who supplied a witness statement. As between civilians
and members of the security forces, there were approximately 1138 witness
statements.
1.12.
Accordingly, the approach we adopted was to enlist the support of
all Counsel to examine, analyse and collate evidence of those witnesses who
appeared most likely to assist us in a determination of the several issues inherent
in the Terms of Reference. We sought to find the truth as best we could from a
careful consideration of those witness statements which seemed most likely to
shed light on the issues in the Terms of Reference.
1.13.
A Commission of Enquiry is, of course, inquisitorial, not adversarial.
There are and were no parties as is the case in litigation in the courts of law.
Admittedly, the actual procedure used during the Enquiry may have resembled a
court of law in which testimony is given and tested by examination-in-chief,
cross-examination and re-examination. But those procedural similarities assisted
in having evidence presented in a coherent manner, while freeing Commissioners
of the task of asking too many questions themselves. As in all Commissions of