Playing loud music charge against Linden duo dismissed

A noise nuisance charge against Lindeners Burchmore Graham and Shurmon London was dismissed by Magistrate Clive Nurse on Tuesday last because of a prosecution error.
Graham, 32, of 173 First Alley Wismar, and London, 42, of 148 Half Mile, Wismar, were facing the charge of playing loud continuous music.
The facts stated that the duo, on July 14, 2017 at Greenheart Street, Mackenzie, Linden, operated a stereo set which played loud and continuous noise to the annoyance of Joseph London.
Magistrate Clive Nurse dismissed the charge on ground that the prosecution failed to prove an essential element of the charge — that the noise was loud and continuous. He said there was no measure of how loud the noise was, and how long it was played for.
Another prosecution error was that the charge was filed incorrectly. Instead of being charged for playing loud continuous music, they should have been charged under the charge that states: “No person shall, in any road, street, public place or land, or in building or premises, by operating or causing or suffering to be operated any stereo set, juke box, radio, wireless loudspeaker, gramophone, amplifier, automatic piano or similar instrument of music, or by any other means whatsoever, make or cause or suffer to be made any noise which shall be so loud and so continuous or repetitive as to cause a nuisance to occupants of any premises in the neighbourhood.”