Independant Music Scene

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Friday, January 27, 2006

Malaysia is comedian country

Dear all,

I have finally recovered from the New year's blue and after all the tears, anger and frustration about the Malaysian Goverment, authorities and Media. I have come to conclusion that Malaysian produces comedian to run our country instead.
I won't be mistaken if Chris Rock is half Malaysian.

Regards
Irene




Saturday, 31st December 2005: This Year’s Final Threat@Balai Polis Brickfields

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Overview
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Paul's Place was raided on New Years Eve, 31/12/05 at approximately 10:30. Police were acting on an report that the gig was allegedly a Black Metal gathering. Bands that performed were, Crystal Lake (Japan), Force Vomit (Singapore), Cassandra, Second Combat, Devilica, Uphold, The Falling Grudge, M.U.Z.E, Net Restraint and Crestfallen. It is interesting to note that none of these bands is a Black Metal band. (Note: I only caught M.U.Z.E's set which was damn brilliant).

Paul, Ben (Bitches) and I were in Sri Hartamas when the raid occured, we left about 15 minutes before the raid. Contrary to popular belief neither Paul nor I were aware that this raid would happen. Paul was filling in on drums for Triple6Poser.

When we were informed of the raid, we immediately sought legal advisory and contacted Sonia Randhawa from the Center of Independant Journalism who in turned brought in HAKAM and SUARAM.

Paul wanted to go to the police station but after getting legal advice and discussion amongst ourselves, I felt it would be logical for Paul to wait until the courts open on Tuesday. If he were to go then/now, there is a possibility that he may be remanded (and rendered useless). I felt it would be more useful for him to use Sunday and Monday working on a legal strategy to get the detainees released and organize funds for bail if it becomes necessary. We told him to go home and headed to the police station.

Ben and I arrived at the police station at about 2am. CK (Ben's Bitches bassist) arrived shortly after. Friends and loved ones waited outside the station compound.

Detainees were released at approimately 5am. David (Paul's Place staff) and an indeterminate number of others were remanded and shall be brought to court on Tuesday/Wednesday to face charges.

Some detainees, Crystal Lake included, immediately went back to the police station and lodged a report on what they believed to be an unlawful detainment.

Ben and I left the scene at 6:00 am in the morning. CK was still there when we left.

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Details
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It is estimated that 380 persons were detained without cause. Those detained included Paul's Place staff David, members of Japanese band Crystal Lake, Singaporean outfit Forced Vomit and a lawyer from law firm Edwin Lim & Suren Advocates and Solicitors. All merchandise and movable equipment at the venue were confiscated.

It should be noted that not all those detained were physically in Paul's Place. Some were in the stalls outside eating, hanging out at the kaki lima, others were there to drop off friends.

Detainees were trucked to the Brickfields Police Station and tested for drugs. They were made to sit in the compound, men were went single file to give their urine samples, I assume the women were given a little more privacy. Friends and loved ones kept vigil outside the police station. No one was allowed to enter and meet with the detainees until they were processed.

Those who tested negative for drugs were released at approximately 5:00 am, I was there until 6:00 am and people were still being released. Some of the merchandise and equipment was returned to the owners. It is uncertain now many persons (if any) tested positive and held for a second urine test and/or remanded.

It is *uncertain* what the detainees were/are being charged for. Detainees could not get a straight answer from the police. Anedectotal information includes:

a) Black Metal/Devil Worshipping ceremony (to quote a TV reporter "Menyambut Tahun Baru dengan Syaitan" - something I wish I had tradmarked)

b) Illegal gathering (for those caught outside).

c) Operating/being in an unlicensed venue for David, organizers Paul's Place.

d) Undecent public display (I'm assuming wearing black t-shirts)

From what I understand Paul's Place is a licensed cafe. He is allowed to sell soft drinks and canned/bottled beer and host private events (i.e., gigs). The authorities have never seemed to have a problem with this until now.

HAKAM/SUARAM/CIJ/Media
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Malaysian human rights organizations and watchdog groups HAKAM and SUARAM and the Center of Independant Journalism were present outside the police station demanding to speak with the OCPD and questioning the media.

N. Surendran from law firm Edwin Lim & Suren, lodged 3 police reports against Brickfields OCPD and 2 other high ranking officers within hours of the raid for the unlawful detainment of their staff lawyer who happened to be at the gig.

Media, newspapers, TV were present at the police station interviewing detainees and shooting pictures and footage. Some detainees were "asked nicely" to provide interviews with the TV journalists. Who were asked promptly complied.

Some detainees, approximately 15, who were released immediately returned to the station to lodge a police report against the Brickfields Police Station's unlawful detainment. Irene (frequent gig organizer and band nomad), Jay (Freelove) and Hana (Lucy in the Loo) were amongst those who took a stand and lodged the report.

In addition to that, Crystal Lake members too lodged police reports They had been advised to bring this matter up to the Japanese Embassy. I'm not sure if Forced Vomit submitted a report.

A young unidentified off duty cop came up to me and told me, "If I didn't have to work tonight, I would have probably been at Paul's catching the hardcore gig and with the detainees right now".

David and some other detainees have been remanded and will be brought to court to be charged on Tuesday or Wednesday since Sunday and Monday were public holidays. It will be impossible to contact them, bail them out or take any legal action until they have been charged.

We are working on a legal strategy to get David and the rest of the detainees out as soon as they get charged on Tuesday.



Post Mortem and Call for Action
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Kudos to you all who lodged police reports!

ALL THOSE WHO WERE DETAINED AND RELEASED ARE BEING URGED TO RETURN TO THE POLICE STATION AND LODGE A POLICE REPORT AND FILE A CLASS ACTION LAW SUIT AGAINST THE BRICKFIELDS POLICE STATION.

What the police did was unlawful and amounts to harassment. One can't be detained for listening to music (no matter how bad) or wearing black t-shirts and having dinner at a gerai.

Failure to take action NOW will allow for the possibility for this to happen again. I realize it is difficult for some to contemplate lodging a report or complaint due to several factors; parents, concern that you may be further persecuted (which won't happen) etc.

If enough people get together, it will be possible to organize a class action lawsuit. Edwin Lim & Suresh Advocates and Solicitors contact details below.

I have asked Suren to provide information on how to file a police report and participate in a class action lawsuit for this matter. I shall post that up as soon as I get it.

What can you do:
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It is important to ensure that incidents like this do not happen again. The community needs to send a message to the law enforcement agencies and show that they are not little school kids that can be easily intimidated and pushed around. They need to show that they are aware of the law and what their rights as citizens are.

Please do the following:
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a) If you haven't already: GO BACK AND LODGE A REPORT IF YOU WERE DETAINED. For those who weren't: get your friends who were involved to return to the station and lodge a report. Some don't feel comfortable doing so as they were made to feel they were guilty when the opposite is true. Support them.

b) Go to your MP, DAP complaints bureau and lodge a complaint.

c) File a class action lawsuit. Suren can assist with this. But he needs LOTS OF YOU TO PARTICIPATE.


CONTACT DETAILS
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Edwin Lim & Suren Advocates
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Contact: Suren
Email: edwinlim_suren@yahoo.com
Phone: +60 (3) 2161-7003

Paul Millot
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Email: solarcon@tm.net.my
Phone: +60 (16) 276-8962

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