PATTERSON
PRIME MINISTER P.J. Patterson has denied issuing any special instructions to the Jamaica Defence Force (JDF) ahead of its recent involvement in a controversial joint military/police operation in Tivoli Gardens.
In response to a letter from Opposition Leader Bruce Golding, dated October 9, the Prime Minister said his instruction was identical to that issued by successive prime ministers since 1962.
On Tuesday, October 4, this year, a joint military/police operation was carried out in Tivoli Gardens, West Kingston, resulting in four people, including three women, being shot and injured. The nature of the operation drew sharp criticisms from Mr. Golding, the parliamentary representative for the West Kingston constituency in which Tivoli lies, and others in the society.
INSTRUCTION BY LAW
According to Mr. Patterson, the instruction was conveyed in accordance with powers conferred on him by Section 9 (2) of the Defence Law, law 12 of 1962.
The section states: "You are hereby required to deploy the Jamaica Defence Force as you see fit for the purpose of maintaining and securing public safety and public order."
The Prime Minister reminded Mr. Golding that in situations where troops are deployed under sections 5 & 9 of the Defence Act, the JDF acts under the principle of police primacy.
"This means that when troops are deployed within the state they are required to act in support of the police, but not as your letter implies, subject to the supervision of the police," Mr. Patterson said. "During joint operations, the commander of the troops act in cooperation with the senior police officer on the ground."
Mr. Patterson noted that the movement of troops by themselves within the area of a joint military/police operation was not unusual and did not confer on the military any powers which were solely vested by law in the Jamaica Constabulary Force.
