KINGSTON, Jamaica — The Government plans to take another step towards setting up a commission of enquiry into the May 2010 incursion into Tivoli Gardens by the security forces, when the Senate debates a Bill seeking to amend the Commissions of Enquiry Act, today (Friday, September 27).

The Bill was tabled last Friday by Leader of Government Business, Senator A J Nicholson, on behalf of Minister of Justice, Senator Mark Golding, who will pilot the measure through the Senate today.

Offences that may attract increased penalties under the amendments include the failure to appear before a commission, and failure to produce, without reasonable excuse, any book, plan or document required through a summons under the Act.

The Bill also proposes that anyone who commits an offence of fraudulent misrepresentation or deceit, and makes or exhibits any false statement, will be fined $3 million or sentenced to up to three years in prison, or both.

A fine of $3 million or a prison term of up to three years is also applicable to people who inflict violence on anyone who appears before a commission; cause someone to lose their job; or wilfully prevent someone from appearing before a commission.

In May, the Cabinet disclosed that it was of the view that an enquiry should be held into the incursion, based on the call made by Public Defender, Earl Witter, in his interim report to Parliament on May 1.

Draft Terms of Reference were released by the Ministry of Justice in June, and members of the public were invited to submit comments to the ministry no later than June 21, for consideration by the Government.

Witter reported to Parliament that approximately 76 civilians and a soldier were killed during the security forces’ operations in a bid to extract Christopher “Dudus” Coke for extradition to the United States, on federal racketeering charges in connection with drug trafficking and assault.

The Senate will also complete the debate on a motion from Opposition member, Senator Kamina Johnson Smith, asking that it recommends amendments to the Offences Against the Person Act, the Sexual Offences Act and the Child Care and Protection Act, to in terms of punishments for: murder of pregnant women; assault on women, children or the elderly; sexual offences against women, children and the elderly; and such other violent crimes perpetrated against women, children and the elderly, as may be deemed by the Committee to be relevant to such a review.

The motion also seeks recommendations regarding any deficiencies in the operation of such laws, which upon review may be deemed to be necessary for improved protection of women, children and the elderly.

–Balford Henry