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May 10, 2013
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Star Features |
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Can people be charged after the Commission of Enquiry? |
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![]() Questions have been raised as to whether persons can be charged at the end of a commission of enquiry into the incursion in Tivoli Gardens, west Kingston in May 2010. It is reported that more than 70 civilians and a soldier died during the incident. A woman who said one of her relatives who had young children was fatally shot in Tivoli Gardens, is hoping that the people who suffered damages will be compensated. She is is hoping that those responsible for the deaths of innocent civilians will be charged and tried. "People need compensation for the loss of lives of their relatives and damages to their properties, but what I want most of all is to see those involved in the incident that resulted in so much loss of life brought before the court for trial", she said. "I really don't want this new commission of enquiry to be a drama like the last one but it must be one that is carried out on a serious note. I watched the last enquiry and it was pure drama and I felt I was at a theatre," she emphasised. "I just don't want to see or hear that whenever this enquiry begins that it is turned into a circus," she added Another woman is asking whether criminal proceedings will follow from such an enquiry. She said she read about the various incidents and the sufferings of some of the residents and is hoping that, if people were brutalised or innocent people killed, then those responsible should be charged. "It makes no sense to me for there to be a commission of enquiry if it does not recommend that persons should be charged for the deaths of some of those who have been killed. I have friends in the area who told me about some terrible things that took place during the search for Christopher 'Dudus' Coke. Coke, the former Tivoli Gardens strongman, was sent to the USA where he is now serving a prison sentence after he pleaded guilty to conspiracy to distribute marijuana and cocaine in the US and receiving firearms for his narcotics trafficking. There is a Commission of Enquiry Act which gives the governor general the power to issue a commission appointing one or more commissioners and authorising them to enquire into any matter in which an enquiry would, in the opinion of the governor general, be for the public welfare. The primary focus of the enquiry is towards accountability and governance and for a determination as to whether agents of the State acted within the observance of human rights. A commission of enquiry cannot recommend that a person be charged with a criminal offence but part of its recommendations can be for the competent authority like the police to investigate certain aspects of the issue to see if criminal charges can be brought against anyone.
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