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Thursday, December 10, 2009
  I Wanna Sue

That's my sister's name, but I have no beef with her and this post has absolutely no connection with her or my vegetarianism but with frivolous legal actions.

I was tempted to include Omni Hospital/Hotel's claim for defamation damages in that list, but won't because obviously the public have taken it so seriously that more than double the claimed amount of Rp.204 million (US$21,640) has been raised through small and large donations.

What's more, a mediation process has resulted in a possible settlement whereby she doesn't have to give a written apology. Both sides have to "demonstrate respect and forgive each other."

What happens to the money is another matter. It's my understanding that her lawyers are acting on a pro bono (free) basis, so perhaps the fund can be set aside for a community health care programme which emphasises prevention rather than dodgy 'cures'.

Some could also be set aside for me because, as an English language 'consultant', I'm not sure that I can forgive Omni for offering "fake" legs to poor handicapped (legicapped?) folk. I'd certainly be prepared to accept their apology if they pay me enough to rewrite the English pages of their website.

Other claims for compensation are mentioned in today's Post. The widows of a number of Indonesian men executed by Dutch soldiers in Indonesia 62 years ago have served a summon on the Netherlands to recognize the wrongful executions, and provide financial compensation. .

On December 9, 1947, Dutch troops attacked the village of Rawagedeh in West Java and hundreds of villagers were executed along with prisoners and refugees. The victims argue that the Netherlands reasonably could not invoke the statute of limitations. Claims of Second World War are still being handled.

Of more recent vintage, and still current, the National Commission for Human Rights (KOMNAS HAM) has once again, as I have, urged the government to pay the agreed compensation to the Sidoarjo mudflow refugees.

But, as I said, this post is about frivolous legal actions and what caught my eye is the tale of Spain's pistol-carrying Guardia Civil police force descending on the Sigüenza Jazz festival to investigate allegations that "fine musician and very well-renowned" Larry Ochs's music was not, well, jazz.

Jazz lover that I am, I confess that I cannot comment on Och's music as until today I don't think I've ever heard of him. Sorry, Larry, don't sue me, but if you'd like to send me a complimentary CD .....

Jazz is very much a personal matter, but I take it to mean improvised music loosely based around a theme in which musicians interact, and hopefully demonstrate a synergy. They may well have rehearsed, but I wouldn't want to hear repeat performances.

Festival director, Ricardo Checa, said, "The question of what constitutes jazz and what does not is obviously a subjective one, but not everything is New Orleans funeral music.

"Larry Ochs plays contemporary, creative jazz."

A judge will examine the complaint. I look forward to reading the final judgement and to investigating whether a precedent has been set. If so, perhaps I could sue the organisers of the recent Jakarta International Blues Festival. We didn't hear any blues and like the Spanish jazz fan, we could claim that our doctor had warned us that it was "psychologically inadvisable" for us to listen to anything that could be mistaken for mere contemporary music.

We could claim that, but we were only there for the beer.
 

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