The owner of the popular Jerries Restaurant, on Waterloo Street, Cummingsburg, was yesterday brought before Acting Chief Melissa Robertson, on two counts of noise nuisance. He walked out the court a free man.
Filing the complaint were owner of the Cara Inn, Sean McGrath and Inspector Neiuenkirk.
It is alleged that on September 28, and again on October 20, 2008, the accused, Jerry Bacchus, operated his stereo set, which made noise, causing a nuisance.
Bacchus who operated the 177 Waterloo Street, Georgetown business place which is also a hotel, pleaded not guilty to both charges. Attorney-at-Law Glenn Hanoman, who represented Bacchus, stated that the police officer who made these complaints are regulars at the Cara Suites, owned and operated by McGrath, one of the complainants.
Cara Suites, according to Hanoman, was described as a location that saw Jerries as a competitor.
He said that McGrath and Neiuenkirk where the ones who instructed the security at the Cara Suites to warn the proprietor of the Jerries Restaurant of the nuisance he was making.
“My client is the holder of a dance and music license, as well as a hotel licence.” The licences would allow the operations inside the restaurant to carry on up to two in the morning, in the case of the music, at a reasonable volume, he added.
The business also functions as a bus terminal for buses traversing in and out of the interior, and would therefore have to be open for the 24 hours a day. “This would imply that Bacchus is well within his rights, and thus caused no nuisance as claimed by McGrath and the police inspector.”
Hanoman further stated that a former security guard of the Cara Suites informed him that he, the guard, was dismissed because he failed to report the Jerries Restaurant’s apparent noise nuisance to the authorities.
Glenn told the court that he suspects that the police were acting on instructions from “higher up”.
When the matter was dismissed, Attorney Glenn Hanoman requested that the prosecution be made to pay court costs since they made such frivolous accusations.
But even before Bacchus was charged, the police had arrested Charles Adams, and seized his music equipment while he was operating at Jerries Restaurant. He said that the charge against Bacchus was belated.
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