Assistant Superintendent Patrick Todd yesterday said he believed that if he and his riot unit had remained on standby at the Mackenzie-Wismar Bridge, the situation at Linden could have been better managed on July 18, when three persons were killed and others wounded.
“I think it was bad in judgment to have the unit locate themselves in the centre of the crowd. I think it would be better to remove away from the crowd and put on standby to observe,” Todd said under questioning by Senior Counsel Dana Seetahal, one of the members of the Commission of Inquiry into the Linden protestor shootings.
Seetahal had asked Todd whether he believed it was best to have his unit return to the Mackenzie Police Station during the morning rather than remain at the bridge.
Audio Recording of COI Hearing
Last week, Todd had testified that he first went to the bridge around 11 am on the day of the shooting and he found about 800 persons blocking the area as part of the protest against an increase in electricity tariffs. He said he took no action but stood his ground with the unit until former E&F Division Commander Clifton Hicken instructed him and the ranks to return to the Mackenzie Police Station. At 6 pm, Todd said, Hicken instructed the unit to report to the bridge and to have it cleared by nightfall.
As the inquiry continued yesterday at the Supreme Court Law Library, Todd agreed with Seetahal’s suggestion that police presence may have served as a deterrent to the unrest. However, the witness noted that he could not act independently on his personal expertise in crowd control, since he was required to follow the instructions of Hicken.
“If we were in the vicinity away from the crowd, after persons observed police presence, they wouldn’t have behaved in that manner,” Todd opined.
Todd, the officer-in-charge of the operation to clear the bridge, had been previously identified by acting Police Commissioner Leroy Brumell as the person who gave the order to shoot. But he has denied ordering ranks to open fire to clear the bridge, admitting that he was the only person to fire shotgun cartridges and discharge teargas, but saying that he fired in the air and on the ground.
Commissioner KD Knight yesterday asked who the senior officer was on the ground at the time. Todd indicated that he was but noted that at the same time he had been taking orders. Knight further asked about whether Todd had been in contact with the acting Commissioner of Police Leroy Brumell.
“At no time did the Commissioner of Police communicate with me via cell phone or while I was in Linden… I had to take instructions from Senior Superintendent Clifton Hicken. I was in his division and he was the one in charge,” the witness reiterated.
‘A deliberate act’
Continuing his cross-examination of Todd, attorney Nigel Hughes asked about the firing of the shotgun, and why Todd aimed west where the bridge was and not north, since he had said he discharged tear gas in the northern direction. “No sir, as I said, before, I shot to the ground to reduce velocity… I have control. I have to look at the possibility of something to take off the velocity so I couldn’t fire north. My focus was on the bridge… I saw women and young adults all over in front of me… the course of action, I think, was justifiable and is my deep down feelings not to cause any injury to anyone and to use tear gas and shotgun to minimise injuries,” Todd stated.
When asked by Hughes whether it was his deliberate intention to use the shotgun, Todd replied, “No sir,” prompting former Jamaica Chief Justice Lensley Wolfe, who is Chairman of the Commission, to express his confusion at this response.
“I said it was not my deliberate intention. My intention was to use tear smoke, which I think is efficient and effective to disperse crowds… after that failed, I had to resort to using shotgun,” Todd said.
“Which is a deliberate act?” Justice Wolfe asked and Todd answered in the affirmative.
Responding to questions posed by Seetahal, Todd said he had to continue speaking to his ranks to build their confidence and as he was doing this, he noticed members of the Linden-based anti-crime unit behind them. Todd noted that his hand was not swabbed for gun powder residue and that he could not recall whether any members of his unit had their hands swabbed for this purpose after the shooting.
Hughes also asked Todd whether, after reading the proclamation to disperse over the loudhailer, he believed that persons on the other end of the bridge would have been able to hear, since there was loud chanting and screaming. Todd responded in the negative. “Probably they would’ve hear,” he later said, answering in the affirmative when Hughes asked if he was relying on those who were near to relay the message.
“Did you anticipate that at the time you discharged the tear smoke that the crowd on the east would start moving west towards a crowd that didn’t hear the proclamation and therefore not move as people from the east would start running towards them?” Hughes asked. Todd maintained that missiles, specifically bottles and stones, were thrown at him and his ranks though they were standing an estimated 75 feet away.
When a photograph was shown to the witness for the second time during the inquiry, he changed his testimony about the time of the day the photograph was taken.
“On Friday you said that was the second occasion you went to the bridge. Are you now saying that was when you went on the first occasion?” Hughes asked.
“Yes sir,” Todd replied, explaining that he had changed his answer because he remembered going into several formations.
“Are you now saying that you went into line formation both morning and afternoon…? Did you testify on Friday that there is an approach formation and then a line formation?” Seetahal asked.
“There’s no sequence. It depends on the unit commander and the threat; the safety of the men… There’s no specific formation. The unit commander got to safeguard the safety of ranks,” Todd said.
Meanwhile, Hughes requested from the commission that he be allowed to play video footage from the protest but this was denied. Justice Wolfe stated that this could not be done until the videographer was called.
When quizzed about videos he had seen, Todd said he was only able to view a few on YouTube based on a search for “Linden Protest.” He pointed out that he had seen in the videos, missiles being thrown at the ranks.
