– says only he fired shotgun, teargas
Assistant Superintendent of Police Patrick Todd yesterday denied ordering ranks to open fire to clear the Mackenzie-Wismar Bridge of protestors on July 18, saying he was the only person to fire shotgun cartridges and discharge teargas in a bid to disperse the large crowd.
Todd, who said he fired in the air and on the ground, noted that he had not observed any other ranks firing anything—an account that was also endorsed by the then divisional commander, who categorically said that the ammunition used by police could not have killed the protestors.
Todd’s denial came three days after acting Police Commissioner Leroy Brumell identified him—the officer-in-charge of the operation to clear the bridge when three men were killed and other persons wounded—as the person who gave the order to shoot, based on the report that he had received on the incident.
“Not seeing any leaders on the bridge, I felt fearful for my life and that of ranks because of the large number of persons and the bricks, bottles and explosions… I was the only policeman to discharge tear gas and cartridges from the shotgun,” Todd, however, testified yesterday, before the Commission of Inquiry into the shootings at the Supreme Court Law Library.
The hearing also saw Divisional Commander Clifton Hicken resume facing questions by lawyers representing the interest of the slain men, Ron Somerset, Allan Lewis and Shemroy Bouyea, and he maintained that there was no report of any police rank firing in the direction of protestors.
According to Todd, he has been a trainer in public order and other tactical aspects in the police force and with regard to crowd dispersal he had been involved in such situations during every election period since 1992. He also said he has been a part of a unit in more than 100 riotous activities and has headed units in such activities more than 25 times.
Acting on instructions from Hicken, Todd recounted yesterday, he first went to the bridge at around 11 am on the day of the shooting and he found about 800 persons blocking the area.
He said he called the unit to go into the approach formation and about half of the protestors swarmed the unit. They loudly chanted “the electricity hike is too high. Don’t try to stop us” and “We are going to burn the bridge down and paint the town red,” he recalled, adding that this behaviour went on for about 45 minutes. “The protestors pass and start to spit at the police in formation,” he added and, after being prompted by police force attorney Peter Hugh, said he took no action but stood his ground with the unit. Shortly after, he said, Hicken instructed him and the ranks to return to the Mackenzie Police Station.
Around 5.55 pm, Todd said, Hicken called a briefing at the station, during which he indicated that he had received information of persons being robbed, consuming alcohol and indulging in other illegal activities at the bridge. As a result, the unit was put on standby.
At 6 pm, Todd said, Hicken instructed the unit to report to the bridge and to have it cleared by nightfall. Once there, he explained, the unit went into approach formation and the siren was sounded with three blasts. With this effort to get the attention of protestors, Todd said he spoke through the loudhailer to inform the protestors that they were there illegally and must disperse.
“I continued to use siren and then I read the proclamation through the loudhailer… I continued to use the siren and some persons dispersed while others chanted and started to throw stones, bottles and other objects at the police. As the unit advanced, persons continued to hurl bricks and bottles at the unit,” he recalled.
‘Clear the bridge
before dark’
Todd said he instructed the unit to go into line formation and hold the line as he contacted Hicken via cell phone to inform him of the behaviour of the protestors. “He informed me that my objective is to clear the bridge before it gets dark,” he stated.
Todd added that the sounding of the siren and the reading of the proclamation for dispersal went on for some time, while objects were being hurled at the lawmen. He said after constantly contacting Hicken to inform him of the attacks on officers, instructions were given to use tear gas and shotguns.
As a result, Todd explained that a banner, which read ‘disperse or we will fire,’ was first hoisted in the air while the siren was continually sounded. “I then take a CP gun from Constable George and fire one .5 cartridge towards the Linmine area, shooting it towards the ground to take off the velocity. I then take a [smoke] grenade and throw it in the same direction,” he said.
By this time, Todd said, several explosions, which sounded like gunshots, were heard and after reporting this to Hicken, he was told to continue his attempt at clearing the bridge by using tear gas and the shotguns.
“I then took a shotgun and fired two more shots in the air in the direction of bridge. The crowd started to disperse while some on northern and southern side continued to hurl bottles and bricks. I took two more canisters and sent them in the direction where bricks and stones come from and bricks and stones continued to come,” Todd stated. He said he heard another huge explosion and observed a fire at Wismar. Shortly after another explosion was heard and on the bridge a big blaze erupted, he added.
“I then used the loudhailer and continued to warn persons to disperse themselves. I took shotgun and discharged rounds in the ground to take off the velocity to scare and chase protestors,” Todd said, adding that he continued to advance until reaching the eastern end of the bridge, which was unblocked by ranks.
By then, the number of protestors had decreased to between 200 and 300, Todd said, adding that he then contacted Hicken and informed him that he was able to clear the bridge and hold the Wismar end.
Later, at 11 pm, a group of policemen arrived from Georgetown and relieved Todd and his team of their duties.
‘Police will not shoot’
Hicken, meanwhile, yesterday denied receiving any report that force was used against the crowd, when former Chief Justice of Jamaica Lensley Wolfe, who is Chairman of the Commission, put the question to him. “The unit commander told me he heard three or four explosions sounding like gunshots,” Hicken said, before he was asked whether the force was returned in the direction of the crowd. “The unit commander said that tear smoke was used,” he, however, added.
“The allegation is that people were shot. We are not dealing with smoke,” Wolfe said, before repeating his question.
“No, Sir. I did not receive any report of any rank firing in that direction,” Hicken said. “Based on my experience, the unit commander and ranks will operate from a certain distance, which will make it kind of impossible for people to be threatened if pellets reach or if it reach people. Police will not shoot directly at the crowd. They would fire at a distance to take off velocity… not fire to hurt or kill anybody,” he explained.
Wolfe asked if he was able to form any view as to how the protestors were shot, particularly the three that died.
“Based on what I was told and based on information I received through the system, that [the shootings] could not have been done by cartridges that were used in the unit,” Hicken said, specifying that bird pellets were used. “It caters for speed, so when it reaches a certain velocity, it weakens,” he added.
Commissioner K D Knight asked Hicken whether there was any act by protestors that was thought to be life threatening to police upon his first visit to the bridge and he said no. Knight further asked if he had received a report of any sort that would have led him to believe that the life of any officer was threatened. Hicken said yes. “I told the officer in charge to use the necessary training as instructed to clear the bridge,” he added, when asked what his next course of action was after he received the report.
Knight also asked Hicken whether he thought the situation called for the use of lethal force by police but the witness stated that he could not answer the question. He added that he believed that should be the finding of the commission. “We don’t consider shotgun lethal,” he further said, though he subsequently agreed when Knight pointed out that shotguns are defined as lethal-barrelled.
During questioning by attorney Nigel Hughes, Hicken admitted to having authorised the use of firearms on July 18. “I can authorise the use of firearms by my ranks in my division, not the TSU. I authorised Sergeant English to use shotguns. He called me and told me a government building was under fire and they were prevented from going in, so I authorised him to discharge rounds in the air, after which we extinguished the fire,” Hicken said.
When asked whether authorisation was granted to any other rank, Hicken responded in the negative. However, after making reference to his typed statement, Hicken explained that he specifically authorised the use of weapons, specifically shotguns, to English and also to Todd. He added that this authorisation was not passed down by Brumell. “Yes sir, that was in my brief… It cannot be my decision. That is in the standard operation procedure,” Hicken, said when asked by Hughes if the use of shotgun if necessary was his decision.
“When you gave the instruction to Todd, did you anticipate the use of shotgun?” Hughes asked him.
Hicken said no.
“You didn’t expect the circumstances to reach the stage where shotguns would have to be used?” the lawyer further asked.
Hicken explained that the mood on that day did not suggest otherwise. “I would not agree with that… The mood… I remind them (ranks) of the SOP… It is not a matter of anticipating, it’s a matter of adhering to the SOP,” he stated.
Hicken was also asked about him reportedly questioning the few guns that Todd and his unit had taken to Linden with them. “Mr Todd said that in his statement. Would you say he is lying on you?” Hughes asked. “I don’t know if Mr Todd would say that. I wouldn’t say that,” Hicken responded.
When Todd later testified, he said that he arrived at the Mackenzie Police Station and reported to Hicken the amount of ranks he brought to the division and the number of stores they carried. “Senior Superintendent Hicken say to me, ‘What kind of little bit stores you walk with to come Linden… then instruct we to wait on standby and wait for his further instructions,” he recalled.
Meanwhile, after Hicken confirmed that there were men, women and some children on the bridge, Hughes asked if he knew women were on the bridge when he gave the order to use shotguns to clear it.
He said yes.
“You are missing the tear smoke. You are emphasising on the shotgun. There was tear gas and shotguns. One don’t go without the other,” Hicken further said.
“I didn’t think women would want confrontation with tear gas much less shotgun… If there are women out there, they ought to belong to men and they’d want to protect them and they ought not to be out there,” he added.
Asked about his earlier statements of visits to the Mackenzie-Wismar Bridge and conversations with the leaders who assured him that the bridge would be cleared, Hicken said that he believed those leaders were capable of clearing the bridge. However, after some time had passed and the riot unit was called in, he said he envisaged that the TSU’s mere presence would see the bridge cleared. “I anticipated that at the arrival of the riot unit, the bridge would clear. The riot unit was summoned there not to clear the bridge but for a show of force… they were summoned to establish their presence,” he explained.
