ASP Todd, Corporal Harry conclude cross-examination …as Constable Grant takes stand

AS the Commission of Inquiry (CoI) into the July 18 fatal shootings at Linden entered its sixth day of sitting, yesterday morning at the Supreme Court Library, APNU introduced Attorney-at-law, Mr. Llewellyn John to its battery

of lawyers, while Attorney-at-law, Mr. Keith Massiah started representing the interests of the Joint Services of Guyana.
altASP Todd and Corporal Harry concluded their testimonies before the CoI on activities on the day in question, and on issues regarding the arms store returns.
Attorney-at-law Nigel Hughes commenced cross-examination by asking about the amount of times the police had read the proclamation to the crowd, and how long thereafter the first shot was fired.

ASP Todd answered each question firmly; maintaining that as commander of a TSU unit at the Mackenzie Bridge that day, his actions were in accordance with the standard operating procedures (SOP) of the Guyana Police Force.
Responding to questions on the amount and type of debris which blocked the pathway of the bridge, and the amount of persons seen on that structure at time of the incident, Todd said the pathway was blocked with log, rocks, plywood and other materials.

Asked if he had anticipated where the protestors would have run after he had fired tear smoke and the shotgun at them, Todd responded that the protestors had three options of escaping the area: north, south and west as per the area sketched on a sheet.
Hughes sought clarification on the formations used by the TSU unit, and Todd said it was the call of the Unit Commander to decide, based on the situation on the ground.
Hughes sought explanation why the TSU unit and other members of the disciplined forces — Senior Superintendent Hicken, ASP Stanton, Inspector Barrington, Sergeant English, and Constable Cush – had all been dressed in Visco. He also attempted to tender a video footage as evidence of his contention, but was turned down by the CoI Chairman, who stated that Hughes had not shot the video, and that the person who had shot the video — a Videographer named Raynard — should attend the inquiry.

Police Attorney Mr. Peter Hugh then intervened to question authenticity of the document.
Commission member K.D. Knight questioned the use of the tear smoke; and sought clarification on whether ASP Todd had been the only officer to have fired shots, and if he had heard any other shots being fired during the period he was firing.
Mr Knight also queried the use of the shotgun, the cartridges used, and the method of firing. He received firm, reasoned, and detailed answers to all his questions.
ASP Todd was also questioned whether Senior Superintendent Hicken had been seen at the bridge at the time his unit had gone into action, and he explained in detail the period his unit had visited the bridge and that Snr. Supt. Hicken had not been there.
Commission Chairman Mr. Linsley Woolfe asked ASP Todd if he had seen Asp Stanton at the bridge, and Todd explained he had been told that the officer had been behind the line of his men on the eastern side of the bridge.
Commission member Ms. Claudette Singh sought explanation on where the Linden Anti-Crime Unit had been positioned, and was told that that unit had been positioned on the eastern side, partly behind and partly beside the TSU Unit.
Mr. Cecil Kennard then queried the distance between the Mackenzie Police Station and the Mackenzie Bridge; and from the Mackenzie Bridge to Kara Kara, and ASP Todd said he could not recall.
Commissioner Ms. Dana Seetahal asked about the line of authority on the day in question, and who had been giving ASP Todd his instructions. Todd explained that he had been taking instructions from his company commander, Senior Superintendent Linden Alves, and E & F Divisional Commander, Senior Superintendent Clifton Hicken.

Ms Seetahal sought to determine from where the proclamation came, and how many times it had been read.
ASP Todd was asked what he had thought was best in his judgement, as the commanding officer of the unit; and he explained that after he had assessed the situation, he had thought the unit should have stayed and maintained a police presence in the area of the bridge, where the SOP could have been fully implemented.
Hughes asked Todd if his or his ranks’ hands had been swapped after the incident, and was told that that had not been the case.
Police Attorney Hukumchand asked where on the bridge the protestors had been positioned when ASP Todd had fired the tear smoke. Todd answered that persons were on the western, northern and southern sides of the bridge. Asked if he was justified in firing the tear smoke, Todd answered affirmatively, whereupon his cross-examination session concluded.
Tactical Services Unit arms stores rank 11202 Corporal Donald Harry was called to the stand, and he outlined his duties and the activities he had engaged in on the day in question – July 22, 2012.
He was asked how many ranks were there, and if the weapons and ammunition issued had been satisfactorily accounted for.
Harry detailed to the CoI the process employed in returning arms and ammunition to the stores. This was in answer to a question asked by Attorney Nigel Hughes.
Asked whether the weapons returned had been taken for ballistics testing, and if there was a record of that testing, the corporal answered affirmatively.
APNU Attorney Mr. James Bond sought the record of what ammunition Constable Earle had returned, since he had reportedly returned seven rounds short.
Bond also wanted to know whether it was regular for ranks to take three days to return their firearms to the armoury, and Corporal Harry indicated that it was unusual. He told the CoI that an entry would have been made in the station diary to this effect.
Commission member K.D. Knights asked what sizes of cartridges the police use, and if Corporal Harry had ever seen or known of a size 0 or 7½. Harry said the sizes used by the GPF were #4 and #6. His period of cross-examination then came to an end.

Police Constable Maxwell Grant, the photographer assigned duty at Linden on July 19, said that he had received instruction from ASP Ali to pack and travel to Linden with a unit under command of Deputy Superintendent Simon. He said he complied with the instruction, and had begun taking photographs and creating videos of the scenes at various parts of Linden.
Grant gave details of his visit, and what he had seen, photographed and video recorded, producing all his findings to the CoI. Cross- examination of Constable Grant will continue today, when the video footage is expected to be shown to the CoI.
The CoI will visit the Mackenzie Bridge tomorrow morning.

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