MONTEGO BAY, St James — Public Defender Earl Witter is recommending that the Night Noise Abatement Act be amended to allow traditional community events such as the Accompong Town Maroon celebrations and the Ray Town old hits party where the music is not an annoyance to the community members.

“It may be that it is appropriate to introduce amendment to the statute to take account of a situation like this. I have discussed this matter with the responsible authority at the highest levels,” Witter noted.

Under the Night Noise Abatement Act dances must end at midnight during weekdays and 2:00 am on weekends.

On Wednesday, January 6, the police shut down three sound systems at the height of the annual Maroon celebrations in Accompong Town, much to the ire of members of that community.

“It seems to me that what we have here is a rebuttable presumption. Accompong Town is a closed community, and they have their annual celebration on January 6 each year, and it is their major fund-raising event. There is much festivity and revelry and all that and, traditionally, it has gone on until dawn. That is the way they celebrate in the district,” Witter argued.

He added: “It is interesting to see whether the police had any complaint from any of the residents of Accompong or from anyone or entity for that matter, when they order that the music be turned off. It would be very interested to see who were the residents of Accompong who were complaining, or may have complained, that they were annoyed by this music or revelry. Because my impression or understanding is that all the entire community is caught up in this revelry.”

Noting that in the case of the Ray Town old hits party, the music was not an annoyance to members of that community. The public defender pointed out that the event is the economic lifeline of many single mothers there.

“It’s a community event, it’s traditional, it is over 30 years. It would be unfortunate if the law is applied in such a way as to dampen or frustrate the event. Rae Town Old Hits is the economic lifeblood of that community. Vending on the site provides the sole source of income for many members of that community, particularly single mothers. So when you choke off that source of income, what do you have left? Is the law really intended to have consequences like that?” Witter questioned.

In the meantime, Witter expressed that in undertaking their duties, the police should exercise discretion.

“The position that I take may be summed up in this way. The law is a shackle and must be enforced by the police, but not slavishly. The divisional superintendents should look at the mischief aimed at by the statute and, in appropriate cases, exercise their undoubted position to permit revelry in cases where the presumption of annoyance is rebutted by the circumstances of the particular case. Particularly in Accompong where perhaps the strict enforcement of the law would significantly change the character of the unique historical celebration.

“In the case of Ray Town Old hits to pile on more agony in very harsh economic time, they are to play ease-up and not wield a big stick.”