Jamaica's Tivoli Gardens Commission Of Inquiry

Four years after Jamaica’s Security Forces stormed the West Kingston community Tivoli Gardens in 2010 looking for “Dudus” Coke, the official Commission of Inquiry began. On Monday December 01st 2014 more than 500 witnesses started to appear before Commission Chairman, a former Barbados Attorney General, along with Director of the Institute of Criminal Justice & Security at UWI Mona and a retired Justice of Jamaica’s Court of Appeal.

The Commission of Inquiry functions under Terms of Reference that examines conduct of Jamaica’s Security Forces, while operational in Tivoli Gardens. It is also tasked with ascertaining validity of allegations, pertaining to special heavily armed citizens. Individuals, known as the Shower Posse, who congregated at strategic sectors of Tivoli Gardens, preventing law enforcement’s efforts to enter and detain the fugitive Dudus.

In late 1970s a US Central Intelligence Agency’s (CIA) station chief in Jamaica began a Peoples National Party (PNP) destabilization program. Jamaica’s Prime Minister of the day adopted socialist stances and openly criticized US foreign policies. He also met with Cuba’s president. Due to the previous "Cold War" period, between America and Russia, CIA operatives did not want Jamaica to associate with communists.

The CIA Station Chief’s assignment included assassinations, supply of cash to the JLP and agitating local labour unrests. Bribery and transportation of weapons to PNP opponents, such as Dudus’ father aka “Jim Browne,” was also his mandate. Formation of "Shower Posse" was a spinoff of the secret association. Firearms and murder became features of Jamaican ghetto politics.

Kingston’s poorest areas such as “Concrete Jungle,” “Dunkirk,” “Trenchtown” and “Tivoli” were transformed to “garrison communities.” These neighborhoods were controlled Chicago style, by shifting hierarchies of local dons for both political parties. A new environment of political tribalism cultivated. Shower Posse is derived from the “shower” of bullets the Jamaican gang unleashed at rivals.

America's FBI once referred to the Jamaican crime gang as “the most violent and notorious criminal organization, even in America. The epitome of drug dealing ruthlessness.” In America the Shower Posse’s weapons, fingerprints and method of operation were untraceable. Most US law enforcement officers were unfamiliar with Jamaican posse members. Their “shower” attitude, toward pulling gun triggers, earned a record 1400 plus murders.

During 2007 the Shower Posse was used to transport Jamaica Labour Party (JLP) voters, to polling stations. The crime cartel’s members were also tasked with intimidating opposition voters during elections. Data further suggests that Dudus' father, Jim Browne, was part of a group of gunmen led by JLP enforcer “Byah,” who attempted to assassinate reggae superstar Bob Marley.

A Shower Posse assassin, in custody, admitted the CIA agreed to pay him with cocaine and guns, if he could kill the reggae legend. In 1992, while awaiting extradition to America on murder and drug racketeering charges, Jim Browne burned to death in his maximum security prison cell. It is theorized that Dudus’ father’s mysterious death was to safeguard secret dealings with the CIA, JLP and criminal activity.

Twice, in 2009 and 2010, America issued Jamaica’s government Extradition Requests for the son of one CIA local political enforcer, on guns and cocaine trafficking charges. Dudus was not only a political enforcer, he was the JLP leader of the day’s bodyguard. A former CIA agent suggested the Agency used JLP association as its instrument in a subversive campaign, against the PNP's Prime Minister of that period.

After receiving 2010’s Extradition Request the JLP Prime Minister of the day opposed the demand for nine months. His action was on the basis that the American legal document depended on illegal wiretap evidence. In May 2010 an official hunt for Dudus resulted in four days of bloody confrontation, between the Security Forces and Shower Posse members. At least seventy-three residents and three security personnel were killed.

During October 2010 Jamaica’s Prime Minister established the Dudus/Manatt Commission of Inquiry. The entity probed issues relating to America’s extradition request for Dudus. The Prime Minister hired US law firm Manatt Phelps and Phillips as part of Jamaica’s delegation to attend a meeting at the US State Department.

On Sunday February 06th 2011 the Prime Minister told American officials, “It was a breach of our Constitution and had it been a person other than Coke it perhaps would not have become the cause celebre that it turned out to be.” A US Embassy Kingston office cable sent to the Secretary of State in Washington DC, released under the Freedom of Information Act, suggests that Jamaica Defence Force (JDF) soldiers used mortars during the May 2010 Tivoli Gardens operation.

The American cable’s subject is “Security Forces Assault Tivoli Gardens Stronghold. Civil Unrest and State of Emergency in Kingston.” The document describes an assault by the Jamaica Defence Force on heavily defended Tivoli Gardens, after two days of civil unrest, as well as gang related violence in several parts of the metropolitan Kingston area.The American Cable alleges, “The JDF fired mortars and then used bulldozers to break through heavy barricades, which Coke’s supporters had erected to block entry to the fortified enclave.”

Military strategy does not advocate use of mortars in a residential district, unless the aim is to kill. At the time Jamaica Defence Force possessed two types of Mortars, the L9A1 51mm Light Mortar and the 81mm Mortar. The 51mm Light Mortar is a platoon level indirect fire weapon. It can be carried and fired by a single individual. The 81mm Mortar is a medium weight, small bore, muzzle loading, high angle of fire, Battalion level indirect weapon.

The device is capable of providing accurate High Explosive (HE) smoke and illuminating rounds, with a range of 820 yards or 720 meters. The JDF Major, in charge of Public Relations at the time, reported that Tivoli Gardens was so heavily fortified that explosives had to be used to breach walls for entry to the West Kingston district. The joint JDF/JCF detachment took almost twelve hours to gain access to the Tivoli garrison community.

The Commission of Inquiry’s task is compounded by pressure to produce, by way of deliverable, a comprehensive report with recommendations. The requirement expected two months, after the Commission's three month sitting. Commissioners have no actual influence over whether presented recommendations are accepted by the powers that be. It is useful to consider that those called upon to comprise Commissions Of Inquiry and make proposals to assist local public policy, are expected to provide guidance to policy options designed to improve their country.