|Karin Spaink on Mon, 16 Sep 2002 12:55:01 +0200 (CEST)|
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|[Nettime-nl] Raided on what grounds, exactly? - (fwd) Aftermath|
De zaak wordt gekker. Na vandaag lang getelefoneerd te hebben met het OM en Buma/Stemra blijkt dat niemand van hen enig bewijs heeft gezien. Ze blijken een inval te hebben gedaan omdat Scientology/Nauta Dutilh *zei* dat Zenon teksten van de sekte verspreidde. Noch het OM noch Buma/Stemra heeft de documentatie rond die klacht gekregen of zelfs maar *ingezien*. Dat gaan ze later deze week doen... We zijn nu een advocaat aan het zoeken. En bij deze wat Zenon er zojuist over postte in de relevante nieuwsgroepen. From: Zenon Panoussis <email@example.com> Newsgroups: alt.religion.scientology, nl.scientology,xs4all.general,nl.juridisch Subject: Aftermath Date: Mon, 16 Sep 2002 12:01:30 +0200 Message-ID: <3D85ABFA.firstname.lastname@example.org> A few minutes ago I phoned the prosecutor, Wouter van Schaijck, to ask for a copy of the file and, specifically, the exact suspicion against me. I have already been told that I am suspected of copyright infringement in works that belong to the church of scientology, but that's like telling somebody that he is suspected of killing someone. You need to be much more specific than that; suspected of killing whom, when, how? Thus, I want to know which works I have allegedly infringed upon, when, how. Well, the prosecutor who ordered the raid doesn't know what exactly I am suspected of. He "doesn't have the file" because the investigating officers have it, so he can't tell me anything. When I pointed out that he can just pick up the phone and tell the investigating officers to give me this information, he started singing on the "it is not usual for a suspect to get the file while the investigation is still pending" tune. I told him that the investigation is pending an interrogation with me and that I will under no circumstances subject myself to any interrogation unless I know specifically what I am suspected of and thus what the subject of the interrogation is. Thus, if he is not telling me what I want and have a right to know and I therefore refuse the interrogation, then the investigation is no longer pending and we get back to square one and he can give me the file. The prosecutor gave me an evasive answer to this and with that we closed the discusssion. Subsequently I phoned Alex Woord, the investigating officer at Buma-Stemra. I asked the same questions. He said that he can't tell me the exact details of what I am suspected of because he is still waiting for some documents from scientology. I pressed the question and then got to hear that scientology claims to have downloaded some of their material from something that belongs to me, but Alex Woord needs to make an appointment with Nauta Dutilh, scientology's lawyers, to get the copies of what they allegedly downloaded. Only then will he know exactly which materials I am supposed to have spread, from where and when. In other words: the prosecutor based his decision to raid us on a "grounded suspicion" that was only grounded on the word of scientology's lawyers. Neither the prosecutor nor the investigating officers know which works I supposedly infringed upon, thus at the time of the raid they didn't know what they were looking for. Thus, the raid was nothing more than a fishing expedition. Bart Middelburg wrote in Saturday's Parool that "they must be out of their Xemu at the public prosecutor's office" and that the prosecutor let himself be mislead by scientology. He was far more right than I ever thought he could be. I imagined that that scientology had lied to the prosecutor, but now it turns out that the prosecutor simply based hos decicion to raid us on scientology's mere allegations, and never made his own assessment of whether there was indeed a *grounded* suspicion or not. Swell. I'm phoning the lawyer now. Being misled is one thing, but allowing scientology to make the decisions of the prosecutor is quite another. Z ______________________________________________________ * Verspreid via nettime-nl. Commercieel gebruik niet * toegestaan zonder toestemming. <nettime-nl> is een * open en ongemodereerde mailinglist over net-kritiek. * Meer info, archief & anderstalige edities: * http://www.nettime.org/. * Contact: Menno Grootveld (email@example.com).