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He's going to miss mum's funeral for 'singing too loud'

Jul 1 2005

By Elwyn Roberts, Daily Post

 

A MUSIC fan last night faced missing his mum's funeral - for singing in his own home.

Barrington William Joseph Ward Harris, 47, denied being in breach of an Anti Social Behaviour Order by playing music that disturbed his immediate neighbours between 11 pm and 9 am.

He claimed he was simply comforting himself by singing and playing his acoustic guitar before falling asleep late on Wednesday night.

But magistrates, who yesterday adjourned the case to fix a trial, said they would not grant bail and locked him up.

They said it was alleged he had breached a court order and they had a duty to protect the peaceful environment of his neighbours.

Wyn Jones, prosecuting, told Flintshire magistrates' court that Harris, of Northop Road, Flint, had been convicted of breaching a noise abatement notice and had been made the subject of an ASBO.

One of the conditions was that he was not to play loud music between 11pm and 9am to disturb his immediate neighbours.

It was an issue that had gone on since 1999 when the local authority served noise abatement notices on him.

On Wednesday night neighbours called the police and the environmental health department. Singing and guitar music was heard by police and a health official, Mr Jones alleged.

A recording was made, and then Harris was arrested. Mr Jones applied for a remand in custody and said, if bailed, Harris would simply continue to breach the order.

Brian Cross, defending, said Harris denied breaching the order and urged magistrates to bail him.

He did not have any other address to go to but would abide by strict bail conditions and would agree not to play his guitar or sing at home at all.

It was very important to his client to get bail because his father had recently died and he needed to attend his mother's funeral today.

"He is aware of the ASBO and says that he was simply singing perfectly normally. You would not want to lock someone up for singing in their own home," Mr Cross said.

"He will abide by a condition not to sing or play any instrument in his own home. But it is important that he's bailed in order to attend his mother's funeral."

Magistrates rejected the bail application and remanded him in custody until next Wednesday when he will appear at a video link court at Wrexham. Arrangements can then be made to hold a trial.

The court heard the Wales and the West Housing Association were in the process of seeking an eviction order but the final hearing would not be heard until September.

 

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