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Speak now or forever hold your peace


Garth A. Rattray

I AM deeply concerned, grievously disappointed and frustrated at the revelation that no civilian witnesses have come forward to contribute to the Commission of Enquiry into the July 2001 West Kingston violence which left twenty-five persons from Tivoli Gardens dead. Without any input from that entire community (the supposed victim of this event) there will never be any reckoning, any transparency, any holistic truth, any universal justice, and any closure.

Residents of Tivoli have been propagating numerous sad and frightening stories of random shootings involving innocent people who were going about their necessary daily businesses on that fateful day in July. If these are more than just yarns then why the silence now at a time when there is more than ample opportunity to speak up on behalf of the victims of this insinuated massacre? If this community truly seeks justice and freedom from the suggested tyranny of the security forces I fail to see a more perfect time to do so. If not now, when?

We are left to assume one of six scenarios. One is that there were no innocent deaths, everyone killed was involved in violent confrontation with the security forces. Another is that no one saw anything at all (hardly likely). Another is that these people were killed by "friendly fire" from Tivoli gunmen. Another is that inner city dwellers absolutely distrust our justice system and envision no meaningful redress. Yet another is that this may be their way of demonstrating their displeasure with some portion of the investigation. The last is that the witnesses are extremely fearful and so stay away from the proceedings.

Whatever the reason behind the no-show, the end result of all this is a grand waste of time and taxpayers money as we put on a show for (I assume) the human rights organisations world-wide. Hearing from one side alone can never fully elucidate anything. The boycotting of the Commission of Enquiry by the Jamaica Labour Party (JLP) lawyers has further aggravated this situation and cut the mandate of the court off at the knees.

This acculturation of non-compliance with established systems of law and order is more than exasperating. It is a slap in the face and a kick in the groin of peace-loving, justice-craving, truth-seeking, tax-paying Jamaicans who want to put aside the viscous cycle of violence. Since, from second-hand accounts from the people within the community; the slain victims were innocent and since there are always repercussions from wrongful deaths, it would certainly appear as though other plans for "justice" are afoot. These plans obviously do not include the "authorities" or any other legal avenues for that matter and so we can reasonably expect more animosity and even more violence in the future.

Often people from the inner cities who feel affronted cry foul, unfair, injustice, murder and harassment. They block roads, are willing to become obstreperous and "lock down the whole country" in the name of justice, or a lack of it. They are even willing to follow the ancient and defunct Old Testament precept of an eye for an eye. I understand that some months ago at least one policeman might have been the victim of a reprisal killing while in his service vehicle on a downtown street. I believe it was Mohandas 'Mahatma' Gandhi who once said, "An eye for an eye makes the whole world blind".

If fear is keeping eyewitnesses away then we can only speculate about who has the ability to strike these people dumb with terror. Are they afraid of the security forces or are they afraid of their own people? According to the testimonies from several security force personnel, some people from the community used their bodies as human shields against possible missiles from the high-powered rifles wielded by the lawmen. That these same people should now turn around, tail between the legs and duck for cover when given the chance to vindicate their dead and their community is irrational and perplexing.

It is very doubtful that their fear is for the security forces. Could they fear their own laws more than ours? Could their allegiance to the inner city brand of justice be so great as to cause them to unwittingly deny themselves true justice? Many inner city dwellers so despise our judicial system that they are willing to remain tight-lipped to their own eventual detriment. Their very silence intimates that the twenty-five were either victims of justifiable homicide, or casualties of friendly fire. If anyone knows any different then this is the time to come forward. It's a shame that some of our people perceive civil disorder as their only vehicle of vindication. To slight this platform which provides the chance for airing the truth is more than moronic, it is self-destructive.

I don't see the anger and grief over the loss of twenty-five lives from one community dissipating any time soon. The graphic images of bloated bodies strewn about the streets will be with us for a very long time. For the sake of the "casualties of war", the Tivoli community, the security forces, our national conscience and our moral responsibility we must bring this matter to a resolution no matter what the final conclusion. It is unwise of us to allow this situation to go the way of so many other investigations and Commissions of Enquiry. We should not leave any room for speculation. We should not give anyone the chance to use the lives of the twenty-five as ammunition in the upcoming political contest. We should not allow them to become martyrs. We don't want it said that any further strife is because of their deaths.

In order to exemplify impartiality and thoroughness, the Commission of Enquiry may wish to bend over backward and publicly offer witness protection. In so doing, it will have eliminated any excuse proffered as to why witnesses to this horrible event didn't come forward. Before we bring this Enquiry which, without "bipartisan" involvement, has largely become merely a ceremonial event to a close, before we marry "truth", as we know it and "justice" as we see it, we should extend the age-old admonition to the people of Tivoli: "Speak now or forever hold your peace".

Garth A. Rattray is a medical doctor with a family practice.

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