Ross Sheil, Staff Reporter

Kingston Mayor Desmond McKenzie collapses after being tear-gassed by police near Jamaica House in St. Andrew yesterday. - JUNIOR DOWIE/STAFF PHOTOGRAPHER
KINGSTON MAYOR Desmond McKenzie has threatened to take legal action after he was tear-gassed by police yesterday.
An investigation into the incident by the Half-Way Tree police has already begun. A separate investigation into police conduct, by the Bureau of Special Investigation, is also under way.
The Gleaner witnessed as Mr. McKenzie, who was then about 100 yards from Jamaica House, appeared to be targeted by a police officer who fired a tear gas canister that exploded at his feet. The mayor collapsed to the ground.
TREATED AT HOSPITAL
He was treated at the nearby Andrews Memorial Hospital. Jamaica Labour Party (JLP) Councillor Conrad Combs of the North East St. Ann, Beacher Town division, also claimed to have been hit in the side by a canister.
The incident occurred after Mr. McKenzie and approximately 50 other JLP mayors, Members of Parliament and councillors left Devon House on Waterloo Road to walk around the corner and up Hope Road on their way to Jamaica House to deliver a letter complaining of underfunding for local government.
The police justified their actions under sections 6 and 21 of the Public Order Act.
DEMANDING APOLOGY
But Mayor McKenzie stated: "We weren't selected, we were elected by people and they have treated us with gross disrespect and the Jamaica Constabulary Force owes the mayors and councillors of this country a public apology," Mayor McKenzie said. "There is a police officer who assaulted me from Half-Way Tree (Police Station). I have his number and I have instructed my lawyer to take action against him."
Local Government Minister Portia Simpson Miller, and Robert Pickersgill, Minister of Transport and Works, arrived on the scene and, followed by The Gleaner, went to visit the Mayor in hospital. Mrs. Simpson Miller insisted her ministry could not allocate funds outside her budget.
Saying the incident was regrettable Mrs. Simpson Miller refused to criticise police.
"The police...they take their decision and perhaps...I don't think if I was there it would have been any different. I think maybe they would have fired on me as well."
WITHIN THE LAW
Senior Superintendent in charge of operations Owen Ellington maintained the police had acted within the law: "The police used all persuasive forces to get them to desist. That did not work and police resorted to the use of tear smoke to disperse the crowd."
James Robertson, Member of Parliament for St. Thomas Western, insisted the group had acted within the law. Asked why they had walked, not driven to deliver the letter he replied: "We chose to walk because of traffic and because it is within our rights to do so."
Mr. Robertson claimed a group was admitted to Jamaica House at 1:00 p.m. but left after waiting for 45 minutes for Prime Minister P.J. Patterson to appear. Behaviour he charged that was "arrogant and disrespectful".
NO MEETING GRANTED
However Mr. Patterson's press secretary Sandra Graham said she had no knowledge of such a meeting being granted. This would have been unlikely she maintained since at that time, on Mondays, the Prime Minister meets with his Cabinet.
SSP Ellington had, however, said earlier in the day that Jamaica House had assured Mr. Patterson was willing to accept the letter.
"If persons wish to meet with the Prime Minister there is a way that is respectful," said Ms. Graham, although adding it would have to be a time other than when Cabinet meets.