Commission wants civilian witnesses

THE WEST Kingston Commission of Enquiry is having difficulty in getting civilian witnesses and victims of the July 7-10 shooting incident to come forward to give evidence, it was disclosed yesterday.

In fact, Dennis Daly, Q.C., an attorneys for these witnesses represented by the Public Defender's Office, asked Justice Julius Isaac, Chairman of the Commission, to subpoena them to appear at the enquiry by next week. But, Justice Isaac said that there would be no sitting of the enquiry next week and that subpoenas would be a last resort.

Justice Isaac said that he would like the Public Defender, Howard Hamilton Q.C., to come and give the Commission a response on the matter, before he considered issuing subpoenas. None of the victims or witnesses being represented by the Public Defender's Office has yet heeded the Commission's requests to come forward to give evidence, Miss Velma Hylton, Q.C., counsel for the Commission said yesterday.

Chairman Isaac also suggested that the attorneys get in touch with Councillor Desmond Mckenzie (Tivoli Gardens), as well, about the availability of the witnesses.

The Public Defender's Office has provided two attorneys, Mr. Daly and Earl Witter, to represent the interests of about 47 victims of the July 7-10 shooting incidents in West Kingston. They are believed to have made statements to the Public Defender's Office shortly after the incident.

Twelve police officers, including Commissioner Francis Forbes, have given testimony so far and Miss Hylton felt that it was a good time to shift the focus to civilian witnesses.

But, with the attorneys representing the interests of the JLP, including Member of Parliament Edward Seaga and Councillor McKenzie, boycotting the enquiry, pending a court review of their objections to the Commission limiting their cross-examinations, their witnesses are not available, either.

Mr. Daly and Mr. Witter have been doing nearly all the cross-examinations, in the meantime.

Yesterday, Mr. Witter defended his line of cross-examination, after Chairman Isaac questioned him about what he hoped to achieve from his line of questioning Sgt Robert Pearson, a 25-year veteran of the Mobile Reserves, Harman Barracks, Up-Park camp, Kingston, who helped to carry out an operation allegedly against gunmen in the May Pen Cemetery on July 7.

Chairman Isaac asked the witness to leave the room, then asked Mr. Witter what his line of questioning was hoping to achieve?

Mr. Witter:" It is designed Mr. Chairman to assist the Commission in conducting a full enquiry into the events about which Sgt. Pearson is testifying.

Chairman Isaac: Will you be more specific?

Mr. Witter: I cannot be any more specific than that, Mr. Chairman.

Mr. Isaac: You must have some objective?

Mr. Witter: The objective with respect is to assist the Commission in conducting a full enquiry into the course of the events of which Sgt. Pearson has testified. I regret I can't be any more helpful than that. Now if the Commission considers that it is not assisted by it, or cannot be further assisted by it, then I will desist in my endeavour to assist the Commission.

Chairman Isaac: I simply want to follow you where you go and I am unable to follow you where you going. This is why I asked that the witness go out of the room, so that we can have this discussion and you can tell me where you go with it.

Mr. Witter: Perhaps, I can be more helpful if I put it this way, Mr. Chairman, that in my endeavour to assist the Commission in carrying out a full enquiry into the events about which this witness is testifying, I ask questions designed to elicit evidence to allow or assist the Commission in gauging the probability of the events he has testified about taking place in the way he described.

He said that he was testing the credibility and the veracity of the account given by the witness.

Chairman Isaac: Is there a difference?

Mr. Witter: There is, Mr. Chairman. The witness' credibility does not depend upon the veracity of an account of events, with respect!

The chairman eventually allowed Mr. Witter an additional five minutes which he had requested.

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