[Nettime-nl] Raided on what grounds, exactly? - (fwd) Aftermath

[Karin Spaink <kspaink@xs4all.nl>]

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 <oracle@xs4all.nl>
Newsgroups: alt.religion.scientology,
            nl.scientology,xs4all.general,nl.juridisch
Subject: Aftermath
Date: Mon, 16 Sep 2002 12:01:30 +0200
Message-ID: <3D85ABFA.20901@xs4all.nl>


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

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