THERE IS an argument by some, not entirely without merit in the circumstance, that the police, rather than allocating resources to seeking out and shutting down, under the Noise Abatement Act, public events that go beyond the stipulated time, would better expend their energies fighting serious crimes, such as murders, shootings, rapes and robberies.

The police chief, Rear Admiral Hardley Lewin, has made adherence to the night-noise law part of a zero-tolerance strategy, which he believes is a critical component of his larger strategy for fighting Jamaica's crisis of crime and criminal violence. We do not wish to second-guess Admiral Lewin and senior officers; and neither do we expect that of the national security minister, Colonel Trevor MacMillan, or others in the administration.

Indeed, it was not so long ago that Prime Minister Golding was reminding Jamaicans that when it came to fighting crime and other broader security issues, the minister was responsible for policy; the commissioner holds sway over operational matters. That is the law.

Law as play putty

But then, the law, in the context of Jamaica, may not be a shackle, but a variable instrument, or perhaps play putty, to be kneaded and shaped in the current circumstance, depending on whose interest is at stake. Or, that can be expected to be the interpretation of those promoters who have had their entertainment events shut down for breaching the Noise Abatement Act and those who apply to hold events in the future and are told that they must keep within designated time slots.

Colonel MacMillan, no doubt, expects this after the directive issued by his ministry for the police to give free rein to the annual reggae music festival, Reggae Sumfest, which is to be held soon in Montego Bay. Its events will not be closed down at two o'clock in the morning.

According to one of Sumfest's directors, Mr Robert Russell, "We may go until about 6 a.m. if it becomes necessary, but not beyond." He has the leeway because Colonel MacMillan wrote to the police chief directing leniency for Sumfest on the grounds that the festival was an important tourism and economic event. Admiral Lewin was expected to so command the head of the St James police, Superintendent Steve McGregor.

Selective application of noise act

Mr Russell rejects the view that his organisation was being done a special favour. After all, he argues, Sumfest is of national significance; and in any event, it was allowed to operate within its own time guidelines during the former administration. Which, of course, is beside the point.

The real issue is that the police's policy has changed regarding their application of the Noise Abatement Act. Under Admiral Lewin, it is to be rigidly enforced. Colonel MacMillan calls for its selective application, at least in the case of Reggae Sumfest.

It seems to us that this issue has the potential for calling into question the credibility of Admiral Lewin, his capacity to make and enforce operational policy, as well as the administration's commitment to the demarcation between the roles of the minister and the police chief, which, ironically, was put in place when Colonel MacMillan was head of the constabulary. Yet, this is not the most fundamental question. What is more at stake is credibility with the wider community.

It will be interesting to see what happens when a dance is held in, say, Barbican Square.