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West Kingston Enquiry - Intensity of gunbattle made JDF soldiers nervous

Omar Anderson, Staff Reporter

THREE JAMAICA Defence Force (JDF) soldiers appeared yesterday before the West Kingston Commission of Enquiry. One testified how he was shot and injured, when two men fired at a platoon of soldiers he was among on Saturday, July 7.

Under examination by Janet Nosworthy, associate counsel for the Commission, Private Mark Webb, 22, of the Internal Security Platoon (ISP), said he was at Up Park Camp on July 7, when Lieutenant Ricardo Blackwood informed them that gunmen had pinned down several of their colleagues in Hannah Town and that they were required to rescue them.

Private Webb who was armed with self-loading rifles (SLRs), said he was among a group of 22 soldiers who left for the Hannah Town Police Station. He said the platoon later left the station by foot. A group of men fired at them at the intersection of Charles and Oxford Streets.

Private Webb said the soldiers took cover. He saw three of the 12 men who were firing at them. He fired back and hit one of the three, who fell. One of the injured man's colleagues drew him out of the soldiers' shooting range.

He said that the intensity of the encounter and the gunmen's brazenness left the other platoon members nervous.

He said he and a group of six soldiers drove in a V150 armoured vehicle to the Coronation Market command post. While there, he said gunshots pelted the post, followed by two explosions which shook the building and shattered several panes of glass.

Private Webb told the Commission he was strategically placed at a window overlooking Bond Street, from where he saw several men firing at the command post. He said he fired back, hitting one of the gunmen in his leg. The injured man later escaped on Bond Street, he said.

When cross-examined by Dennis Daly, Q.C., who is representing the office of the Public Defender, Private Webb said he was unable to see the men's weapons, but he could differentiate the type of weapons from that of the security forces by the sound of the explosions.

Private Webb also testified that other platoon members were unable to fire and hit any of the gunmen because they were not in the best firing positions.

Private Andrew Ledgister, who is attached to Alpha Company, First Jamaica Regiment, Up Park Camp, said under examination by Commission's Counsel Velma Hylton, that at about 8:15 p.m., on July 7, he and a group of soldiers rescued members of the security forces pinned down by gunfire from the direction of Rose Lane and Oxford Street.

Private Ledgister said the group took cover behind some buildings, then moved tactically from North Street to KPH's front gate on Princess Street. They went west on Charles Street on foot and came under heavy gunfire again.

"I attempted to take cover and observed what was taking place," the private testified. "While doing that, I felt a sudden drag on my right leg, and I looked down and saw blood." He said he realised he had been shot.

He said he later saw two men dressed in vests and T-shirts and fired his SLR rifle at them, as they ran across Charles Street. He was taken to the KPH where he was treated.

The private added that he was later discharged and taken to the military hospital at Up Park Camp, where he stayed for two months. He said he was later admitted to St. Joseph's Hospital in Kingston, where he underwent surgery. Two bullets were taken from below his right knee.

The private said he was unable to say whether the two men running across Charles Street were the ones who shot him. He testified that he fired six shots in all during the gun battle.

The Enquiry continues on Monday.

  • ...BITU expresses concern at proceedings

    THE BUSTAMANTE Industrial Trade Union (BITU), wants the Jamaica Employers' Federation's (JEF) support in condemning the West Kingston Commission of Enquiry's barring of JLP associated lawyers from cross-examining all witnesses at the hearings.

    Ruddy Spencer, Dwight Nelson and Pearnel Charles, the BITU's three vice- presidents, on Thursday jointly sent a letter to Herb Lewis, the JEF's president, seeking its support. The union said that the action of the Commissioners would eventually have a negative impact on the stability of the industrial relations process in Jamaica.

    The union said it was concerned about the implications of the procedure of the commission as determined by the commissioners.

    "We have a responsibility to the workers of Jamaica, the employers and all the players in the industrial relations system to ensure that such negative influences do not impact on our own processes. It is to this end that we write to you requesting that you publicly join us in expressing concern at the proceedings of the West Kingston Enquiry," the union said.

    The letter said that the BITU and JEF, "as organisations which inevitably have to make representations to industrial disputes tribunals and boards of enquiry, have always insisted on the following prerequisites: absolute confidence in the competence of the en-quiries; absolute confidence in the integrity of the process; assurance that rulings of enquirers do not manifestly occasion disadvantages to any party presenting submissions: that the enquirers make every attempt to examine the evidence prior to deliberations, by asking where doubts arise from direct examinations or cross examinations: that awards or recommendations handed down are based on the evidence presented."

    "The Labour Rela-tions and Industrial Disputes Act (LRIDA) states in Clause 20: 'Subject to the provisions of this Act the Tribunal and a Board may regulate their procedure and proceedings as they think fit.' Whilst we accept this provision in the law, we would never accept a ruling that limits our ability to properly and exhaustively examine or cross-examine a witness; nor would we accept a refusal to visiting the locus in quo, where it appears necessary for the enquirers to acquire a better understanding of submissions made."

    The union said that it was clear that the rulings of the Commissioners have totally created in the minds of many, a lack of confidence in the integrity of the process and consequently any recommendations they might make."

    "By their actions they have established precedence which would impact negatively on the proceedings of the Industrial Disputes Tribunal, boards of enquiry and ultimately the stability of the industrial relations system in Jamaica," the union said of the West Kingston Enquiry Commissioners.

    Lawyers, Abe Dabdoub and Patrick Atkinson, representing Edward Seaga, JLP leader and Desmond McKenzie Coun-cillor for the Tivoli Gardens Division, walked out of the hearing three weeks ago, after the commissioners decided that they would only be allowed to cross examine witnesses who have named their clients.

    Chief Justice Lensley Wolfe has supported the commissioner's ruling. He said in a recent judgment that the Commis-sioners were not unfair in their ruling.

    However, the absence of the lawyers has resulted in the Commission experiencing extreme difficulties in getting civilian witnesses to appear for the past two weeks. No civilian witness has yet given evidence at the hearing despite the Ccommission's attempts.

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