KINGSTON, Jamaica — A British war crimes investigator on Tuesday insisted that the Jamaica Defence Force’s decision to use mortar during the deadly Tivoli operation was not only “risky” but also “reckless” and “irresponsible.”

The JDF gave evidence during the West Kingston Commission of Enquiry that it had fired 37 mortar rounds onto a playing field and in areas surrounding and adjacent to the community and that its reasons for doing so was to provide a different sound to distract and to disorient gunmen and also to prevent women and children from being used as human shields.

But Major Chris Cobb-Smith, a former British soldier and an expert in the use of indirect fires, including mortar, during his evidence criticised the JDF’s use of the explosive and purpose for which the explosives were used.

The expert testified that the function of the weapon system was to kill, injure and deny ground to an opposition and that he could not relate to the JDF’s reasons for using the mortar and that a stunt grenade would have been a better option.

“In my personal opinion this is not the correct use of the weapon system, I believe it was irresponsible and reckless to use a high explosive weapon system in a populated urban area, especially, without going through any form of adjustment procedures, but of course the adjustments would have been impossible on these because they are completely surrounded by dwellings,” he said, when asked by Commission Chairman David Simmons if he agreed that the JDF’s use of the mortar in 2010 was the proper use.

“And even if they could have adjusted the mortars to land on the target when it was fired it would have still been an risky and reckless venture,” he said during further evidence.

Additionally, Cobb-Smith testified that the correct guidelines were not followed during the use of the mortars.

He said that the target area where the mortar was projected to land should have been 550 metre away from the nearest civilians and that was not the case.

He said, too, that the JDF had conducted the firing of the mortar rounds in a dangerous manner by not having the correct person observing the mortars when they landed.

Major Warrenton Dixon, who was the mortar fire controller in Tivoli, previously testified that he had asked someone else to observer the landing of the mortar rounds.

But Cobb-Smith when asked to comment on that, said “My personal opinion is that that method of operation is inherently dangerous”.

He explained that once a mortar round is fired an observer must be in place to observer its landing and to report to the controller and to take the necessary action if something goes wrong..

“I believe leaving that to someone who is unqualified would be reckless,” he added.

However, Cobb-Smith, during cross-examination by the attorney for the JDF, Linton Gordon, admitted that despite his personal opinion about the JDF’s use of the mortars, the decision regarding its use rest with the commander after he had assessed the situation

The attorney also questioned the expert  at length about the unfavourable comments that he had made about the JDF’ use of the mortars but Cobb-Smith maintained that the JDF’s reasons for firing the mortars were not justified.

The enquiry will resume on today at the Jamaican Conference Centre in downtown Kingston.

Tanesha Mundle