Garth Rattray
BY 5:30 A.M. on Monday, November 14, 2005, the police were at Devon House waiting on the arrival of the group of JLP mayors and councillors that intended to walk to Jamaica House in order to deliver letters to Prime Minister Patterson (who wasn't there anyway). They were complaining about the paucity of funds allocated by the Ministry of Local Government for the repair of hurricane-damaged roads.
I understand that the group eventually assembled and that the police addressed the gathering advising them about the law in respect of the illegality of 'marching' without a permit (The Public Order Act, section 6). The police also advised them against marching upon Jamaica House. They were reminded of the 'specified distance' referred to in The Public Order Act, section 21; "a radius of two hundred yards from any point within the curtilage of the said scheduled premises". Nevertheless, at about 10:15 a.m. (in spite of repeated warnings) the group began its planned 'walk' towards Jamaica House.
POIGNANCY OF THE MOMENT
What ensued will make very interesting and exciting reading in the history books of tomorrow. The poignancy of the moment was captured on tape. One lady lamented her fright and disbelief at the use of tear gas when she shouted, "Oh God! Oh God! No, no, no, no!" It was opined that a policeman singled out Mayor Desmond McKenzie and shot a tear gas canister with remarkable accuracy, causing it to fall at his feet. The concentrated fumes caused the mayor to stagger and dramatically collapse in full, close-up view of the media.
Many people thought that the tear-gassing of the group was funny (humorous). I however thought that it was funny (strange) that a group of elected (not selected), supposedly law-abiding leaders should act in a manner to suggest that they are above the law. What was even funnier (more curious) was their surprise at being tear-gassed.
HEAVY-HANDED TIMES
Some people argue that the tear-gassing of public officials was heavy-handed. But, we are obviously living in heavy-handed times. Mayor McKenzie should know this because many of his actions, like the removing of billboards and awnings from outside and inside business premises, the painting over of signs instead of issuing fines and the towing away of cars (instead of ticketing the drivers) from New Kingston at night were all seen as heavy-handed.
Although he can be a tad overzealous on occasions, I find Mayor McKenzie to be a very conscientious and hard-working public official. It is strange therefore that a man who is such a staunch advocate for the letter of the law should attempt to rise above it. Now, when he seeks to impose the strict interpretation of the law in the future, people will be suspicious of his motives. Citizens are bound to believe that the mayor is only using the law to raise money.
When role models like mayors and councillors disobey a direct order from the police it sets a bad example for our already undisciplined society and susceptible youth. They can't obey the law only when it is convenient to do so. What then are we to expect from the "ordinary" citizen?
Mayor McKenzie is quoted as saying, "It speaks volumes when you are walking on the street to deliver a letter and come under attack by the police..." However, we all know that in this instance, the difference between "walking" and "marching" is just semantics and that if he were walking or marching alone to deliver that same letter, none of this would have happened.
UPHOLD THE LAW
From all indications, the police had to uphold the law and disperse the gathering by reasonable means, the nature of which will forever be debated. Not to do so would emasculate the constabulary and diminish the laws of the land. The Public Order Act allows the police to arrest and charge members of the group and its organiser. It is regrettable that this incident occurred. Our public officials need to remember that the ends never justify the means. They send mixed messages when they disrespect the very law and order that installed them into office.
Dr Garth A. Rattray is a medical doctor with a family practice
