Wednesday 11 March 2009

BIG BROTHER IS READING

Hi people I’m back with the most important blog I have ever written. It’s about my trial with took place on the 14th of Jan 2009 and lasted two days.

Looking back to when I started making music, I would have laughed if someone had said I would one day be prosecuted for selling my music, or that I would have to spend two long days in a court room defending my life as a musician. As ridiculous as it seems, that is what happened. Most of you will be aware that I’ve been fined before for the same thing however on the first occasion I pled guilty so there was no trial but this time I pleaded not guilty and decided to fight.

And what a fight it was. Until the actual case I had no idea how seriously Manchester city council were taking this case. But now I know that the reason they put £4000 of tax payers money into bringing down a musician was because they are trying to get us all off the streets, anyone selling music and as you know this is becoming more and more popular as a way of promoting music. To us it’s a musical lifeline to them it’s a big big, problem. They need cases that can be pushed into the media to show they have an issue here and then they can go to parliament to bring in legislation that will give them the power to effectively wipe out the problem just as you would wipe dirt of your shoe before you step into your house.

To the council in Manchester we are that dirt on their feet and all we are trying to do is eat and make music.

I went into the court room well prepared or at least I thought I was well prepared. Now its over I will say one thing to anyone thinking of defending themselves in a court of law. Nothing you can do can prepare you for the way these people fight and what they will say and do to convict you. I felt I put up a really great fight and even the judge said this. In effect they wanted me to both be fined and have to pay for the cost of the trial and the cost of the investigation which would have left me with fine in excess of £5000.

Think about it, for selling music for between £1 and £6 I was potentially looking at a £5000 fine. This would have definitely brought me down a peg or two. The dream wouldn’t have been over but it would have made it that much harder.

I hope you are all wondering why I called this blog big brother is reading. Well read on it will become clear very soon. Most of you may have read two of my previous blogs speaking about my history with the council so you will be aware that it has been going on for some time. PRICE OF YOUR DREAMS and YOUR CITY IS MINE are the blogs in which I mention stuff related to my case. Little did I know that what I had written would come back to haunt me in such a spectacular way.

I found the trial both exhilarating and draining if that’s possible sometimes I felt I was winning, for instance when I was able to put the Council officers on the stand and question them to reveal they are similar to robots who know nothing. Then the CCTV operators who claimed to know nothing and got away with claiming this even though they looked ridiculous saying that on oath. The law really is not in your favour when it comes to proving your innocence.
But there were other times when I thought this is not going well no matter what I do or say they don’t care I’m just guilty to them. I can say that throughout the two days that the trial went on it seemed like 50/50 as to who would win and a reporter from channel M called Kevin Duffy who was covering the trial said the same.

Well that 50/50 changed once I took to the stand. Now don’t get me wrong I didn’t fall apart under the strong questioning in fact I quite enjoyed and was doing well avoiding his clever and very tricky questions. In fact, this guy prosecuting me, was more sly that clever.

No, it was the evidence that was brought in that lost the case for me. This brings me back to the two blogs I mentioned earlier. To my shock as I was being questioned the lawyer for the prosecution pulled out copies of my blogs and asked if I had written them. I was like DAMN, DOUBLE DAMN, what the f@#k was going on here? I can’t tell you how shocked I was. That the guy had been on my MySpace PAGE and taken something I thought I was writing to all my friends on here into court to help convict me.

I was hoping that I didn’t look shocked but I was and I didn’t know how he intended to use the evidence or what questions were going to be asked so I waited for the next blow as he passed copies to both me and the judge while am trying my hardest to remember what I had said in the blogs and how it would effect the proceedings. I wont lie this is the first time in the case that I was lost for words big time.

That’s what I meant when I said nothing can prepare you for going into a court of law. I said I had prepared for this fight well the fight was on and the blow I just took nearly put me on the floor, out cold with my mum stroking my hand and paramedics saying ‘I don’t think he’s gonna make it’.

The lawyer for the prosecution saw that I had been shook and went in for the kill. You believe yourself to be at war with the Council don’t you Mr Dowie, that’s very aggressive of you wouldn’t you say ? Was his first question. Then he read out a section from THE PRICE OF YOUR DREAMS where I spoke about the fine I had received before was worth it and how they taught me about control. Right now am looking at the judge who is reading it and her face aint looking good at all.

Next blow, he started to read from YOUR CITY IS MINE blog. You say in your blog that you are going to use this case to get as much press as possible is that what you think of the law? You say you are dying to have some fun cross examining the witnesses, is that the way you look at this case Mr Dowie, as just fun?

In fact it was blow after blow question after question all the time the judges face is looking worse than the moment before. For me there was no getting away with it I wrote that stuff and now it was being used against me. Inside I was thinking what my next move is going to be, is there a next move? So in true Elavi style I just decided to come out fighting, my attitude was like SO WHAT. Yeah I said it and just because I am at war with the council don’t mean I got guns you do know you can have a war of the will or even the game of chess is a form of mental war. Now I don’t know if the judge was buying my answers because when it comes down to it the court of law is all about respect and when they get the idea you don’t respect the court or the law then it isn’t good for you. That was the aim of bringing in the MySpace blogs as evidence they wanted to show that I was an aggressive individual a trouble maker who if not stopped would keep on selling in the street and in their eyes breaking the law. They wanted swing the case by showing that I was wasting court time by using a trial to get publicity while knowing all along that I was guilty. I was thinking this is over, the judge was looking me like I was the black Jack the ripper and the prosecution was looking smug like the battle was over and a little voice in my head saying stuff like go on Elavi the judge is a woman try to charm her, get your shirt off, get the chest out, ask her out on a date, stand up and do the chris brown track No air, do something bro. but luckily I was wise enough to know that, that little voice I my head had gotten me in to trouble before so I just sat this one out and guess what after a while of hardcore questioning and some deliberation by a then convinced judge its was over GUILTY AS CHARDED.

So that is the story of my trial the result was that I have to pay £300 to the council and they spend £4000 trying to bring me down. Now in business terms it doesn’t make sense to spend £4000 to get back £300 so that must tell you how much they want people like me off the streets. So who has won because as it says in the YOUR CITY IS MINE and other blogs I will still be out there only I will have to pay them £5 a week and guess what a friend of mine told me to look at that as rent and if I do that then its well worth it.

But the real reason I wanted to share all this stuff with my friends online is because of the way I was prosecuted. We all know big brother is watching and we see thousands of CCTV set ups every where we go. But did we know that big brother is also reading? Did we know that something we put on our MySpace, Facebook or any other social networking site is being scanned for the ones they may feel are stepping out of line. If I had written this two weeks ago to me it would have sounded a little paranoid to be saying this but I have gone through it.

Many of you will be think then why am I so stupid to put more stuff on MySpace if I know its being read. Good point! The truth is I don’t care in the least because freedom is freedom and although these freedoms that we hold dear are being eroded at an ever increasing pace it doesn’t mean we must stop being open and sharing our views. We have come to fight injustice and to break every single wall that would try to hem us into conformity or mental slavery. Music is the only way of fighting that I have and the ideas that I share with you all in my blogs. But hopefully the people that read this blog will know that all is not what it seems. I feel really great that I have been able to see the truth of the way this system is design and it’s like a gift that I can now share with you as I hope you will tell others what has happened to me. Spread the word people tell your friends and family my story but remember big brother is reading…

ELAVI

AKA the WHISTLE BLOWER
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