The West Kingston Commission of Enquiry, in its report on the May 2010 security operation, found that Nicholas Wilson, a resident of Tivoli Gardens, was shot by a member of the security forces.
The Commission, chaired by Sir David Simmons, took the testimony of Adina Darby and Annette Marshall into consideration, in arriving at its conclusion.
Below is the full text of the Commission's report on Wilson's death and the injury suffered by Ms. Darby:
Ms. Darby lived and had a small business at #3 Wilton Hill Drive. On 25 May, during the morning between 10.30 and 11.00 o’clock, she was at home with some family members and friends, including her son, Nicholas.
Nicholas went upstairs to fetch his cellular telephone. There was gunfire outside the house. Nicholas came down the staircase saying to the mother of his baby: “Tassie, me get shot!”
The witness, Annette Marshall, said that Ms. Darby shouted: “Annette, they kill me pickney!”
Ms. Marshall said that she had seen police and soldiers on the roof of a building and at that time, the area was under the control of the security forces. She further said she saw a bullet hole in a window of Ms. Darby’s house.
Ms. Darby said that she saw blood on Nicholas’ chest. She went outside to get a handcart from a friend, Peppo, to take Nicholas to hospital. She managed to put him on the handcart and began to push him. However, soon after she passed a policeman who was kneeling with a gun, she was herself shot.
The post mortem report on Nicholas discloses that he received a single gunshot wound to his back which travelled towards his chest damaging his heart and lungs. His hands were swabbed and there is no evidence that the residue of a firearm discharge was found.
FINDINGS
We accept the evidence of Ms. Darby and Ms. Marshall and we find that Nicholas Wilson was shot by a member of the security forces on 25 May. Nicholas was shot in his back while inside a room in Ms. Darby’s house. Miss
Marshall saw members of the security forces on the roof of a nearby building. At that time the area was clearly under the control of the security forces. Nicholas had gone to his bedroom, and was returning downstairs when he was shot.
The evidence suggests, at a high level of probability that a criminal offence may have been committed and we recommend that there be further investigation into Nicholas’ death.
In so far as Ms. Darby admitted that at the time when she was shot, there were shots being fired in the area, we are unable to say that she was shot by the policeman whom she had just passed before she was shot. The inferences from that portion of evidence are equivocal and, as a matter of law, we are obliged to draw the more favourable inference in favour of the policeman.
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