definition

Com´mon`ty

n.

1.

(Scots Law) A common; a piece of land in which two or more persons have a common right.



Wednesday, December 14, 2011

Crime and Crochet...

There's an intriguing story developing that involves crocheting, an innocent abroad, the UK legal system and how in this day of spam and phishing a plea for help can raise the most cynical of eyebrows. 



Agata Oleksiak, aka Olek, a Polish born American artist, according to her blog arrived in London for a couple of professional engagements and to donate some of her work to a charitable organization. After the charitable event an altercation with a drunk man ended up with Olek falling foul of the Kafkaesque English legal system. Held in remand for five days and then subject to an 8am - 6pm curfew and the added delight of being forced to wear an ASBO bracelet, Olek finds herself in a rather stressful situation where she's not allowed to leave the UK. There's no trial date, her legal aid lawyer is alleged to have messed up, the as yet unspecified case, she has limited funds and a need to raise money, clear her name and get back home to New York...


A plea to US friends for help in funding produced much incredulity and assumptions that her on-line life had been hacked and any plea for assistance, must be part of an elaborate scam.


Yet, there are links to her lawyer, and Tony's Gallery  which is exhibiting her show in London in January 2012. That takes a lot of brass neck 


A Facebook friend in the US Savannah Spirit  received an email and the link to Olek's blog and put it up on her facebook page. Over the course of the evening, sensible realistic people sensing a scam, urged caution. Then Olek herself joined the conversation, this was still not enough for some, who asked that she call a friend. She duly did this and Cat Weaver who runs Art Machine blog posted the following piece. This is still not enough for some people to believe that a plea for help in funding a lawyer is genuine.


So the arts community is faced with this dilemma, do we believe that someone who does yarn bombing for a living has fallen foul of the system and in exasperation has made a plea for help or do we simply adopt the cold hearted cynical view that any plea for money is bound to be a scam? Naturally, those of an even more cynical bent might view this as a scam not on the generous hearted, but the actual art world, no stranger to hoaxes and scams itself...


I make no judgements here, but I have called the Lawyer's office and am waiting on confirmation that Olek is actually a client and that he has approved her blog appeal.








Posted by MMac


  

4 comments:

  1. Response from Olek's lawyer.

    Thank you for your email.

    I represent Olek in relation to her case at Southwark Crown Court here in London. She does not have publicly funded representation/legal aid and has instructed me on a privately paying basis.

    I hope that assists

    Kind regards

    Paul Morris

    Paul Morris | Partner | BCL Burton Copeland | Solicitors

    51 Lincoln's Inn Fields London WC2A 3LZ | DX 37981 Kingsway | Tel +44 (0)20 7430 2277 | Fax +44 (0)20 7430 1101 | Email law@bcl.com | Web www.bcl.com

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  2. Intriguing, certainly, but all a little too weird for me to consider donating.
    And I don't think that the English criminal legal system is Kafka-esque at all. The remand, the curfew and the bracelet will be because there will be a fear that the accused may abscond before trial - quite a real one in the case of a foreign national - and because (I'm presuming here) she has been charged with a crime of violence of some sort.
    Everyone will get legal advice when arrested, and for a first court appearance. After that (and I'm not sure here) it may be that US citizens are not entitled to legal aid. I'm surprised the US Embassy haven't got involved though.
    I'm not surprised that a lawyer would help in raising the money to, er, pay his fees?

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  3. And won't the curfew be 8pm to 6am?

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  4. A USA national suggesting that the English legal system is Kafka-esque is rather amusing...almost makes me want to donate but on the other hand...

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