By Balford Henry, Staff Reporter
TODAY MARKS another important week in the proceedings of the West Kingston Commission of Enquiry.
The announcement by chairman Julius Isaac last Thursday that the Commissioners would be visiting the locus on Wednesday, seems to have raised speculation that the Commission may be offering an olive branch to the attorneys-at-law representing Tivoli Gardens and Denham Town residents and both JLP leader Edward Seaga and Councillor Desmond McKenzie.
Although neither Mr. Isaac, his fellow commissioners nor anyone attached to the Commission has confirmed this, the move, as well as the fact that the Commission seems willing to allow attorney-at-law George Soutar to represent his witness, 83-year-old George Mills, if he appears tomorrow, shows an obvious softening of Mr. Isaac's hardline attitude which has characterised the proceedings so far.
Mr. Isaac and fellow Commissioners, Dr. Garnett Brown and Dr. Hyacinthe Ellis, had unanimously rejected the formal request from attorney-at-law Patrick Atkinson, on behalf of the lawyers representing the Jamaica Labour Party (JLP) interests, for the Commission to visit West Kingston at the start of the enquiry.
Mr. Isaac explained that the Commissioners had already agreed that they would visit the locus at a later date. He said that the decision to reject Mr. Atkinson's request, was made on the basis that it was preferable to visit the scene after all the evidence relating to the July 7-10 security forces operation was in, to avoid the possibility of having to make more than one visit.
But, all the evidence is not yet in. The question is whether by deciding to make the visit on Wednesday, the Commissioners have accepted that they will not have access to civilian witnesses, or it is a shot at luring back the JLP-affiliated lawyers.
The only witness, of the 16 represented by the Public Defender Howard Hamilton, who now seems willing to make an appearance is Mr. Mills, an 83-year-old man who lost a leg in the operation. According to his attorney, George Soutar, he may turn up on Tuesday. But, Mr. Soutar wants to represent him. This would conflict with the interest of Mr. Daly and Mr. Witter, who have already been retained by the Public Defender for the same purpose.
It was expected that Mr. Isaac would have insisted that Mr. Daly represent Mr. Mills. However, no objections were raised when Mr. Soutar made the point last Wednesday. The inference being that the chairman is so anxious to hear even one civilian witness, that he is willing to accommodate Mr. Soutar to achieve this objective.
Then last Thursday the chairman announced the decision to go to West Kingston this Wednesday.
The failure of the civilian witnesses from West Kingston to turn up has dealt a serious blow to the credibility of the enquiry, even though lawyers representing the Commission, the People's National Party and the security forces suggest otherwise.
There is an obvious lack of public interest in the enquiry since the evidence of Crime Management Unit (CMU) chief Reneto Adams. The sprinkling of people in the public gallery has since been reduced to a mere few, daily.
The evidence produced last week was extremely repetitious and boring and hardly contributed anything new.
Quarter Master for the First Battalion Jamaica Regiment, Major Delroy Greene, confirmed that JDF soldiers fired 4,133 rounds during the July 7-10 operation. He said that the soldiers had been given 50,535 rounds, but took in back 46,402 rounds.
Mr. Daly tried to punch holes in the evidence of Corporal Leroy Nicely, a member of Senior Superintendent of Police (SSP) Reneto Adams' unit, during his cross examination.
For example, Cpl. Nicely said while SSP Adams was instructing them near Tivoli Court on the morning of July 7, they heard shots. He saw SSP Adams "immediately after" some 30 yards away near the corner of Darling Street and Spanish Town Road. SSP Adams had testified that it took him over six hours to move from Tivoli Court to the corner of Darling Street and Spanish Town Road.
There were several other discrepancies, including how a .45 Ordinance (machine pistol) was recovered that morning. SSP Adams had told the enquiry that it was recovered when a man firing it at the wall at Tivoli Court was hit. But, Cpl Nicely said he recovered it after shooting off several gunmen at Regent and Beeston Street.
Commissioner Isaac had to remind Cpl. Nicely, that he had said in his statement that he became aware that Cpl. Mark Henry was shot, when someone shouted out that the Corporal was hit. He was now saying that he had actually seen when the Corporal was hit. Cpl Nicely said that they were simultaneous.
Sergeant Devon Harris testified about swabbing the hands of several men, detained in West Kingston during the operation, for gunshot residue after they welcomed the swabbing. However, he did not know the results of the tests. It turned out that the Commissioners and lawyers involved in the enquiry already had the results.
Fitzroy Coates, senior forensic officer at the forensic science lab, suggested that the projectiles which damaged the command post at the Coronation Market and the tyre of the JDF's V150 on July 7, were a dynamite and a grenade, respectively. He said that the potency of the dynamite was reduced by repackaging and that the grenade could have been fired from a high powered rifle.
Sergeant Glenda Smith of the Rio Bueno police testified that she saw when an object hit District Constable Owen Stephenson in his head at roadblock on January ninth, killing him, but did not see who threw the missile.
One testimony which may be looked forward to this week, though, is that of Jamaica Observer columnist/pollster Mark Wignall who is likely to appear this morning.
