[CRIMINAL] Complaint by Flemingovia

Flemingovia

Flemingovia

TNPer
-
-
Criminal Complaints
Complainant: Flemingovia
vs.
Defendant: Iro

4 March 2013

Description of charges
Misuse of public office for personal political gain

Your honours, on 3 march Iro accepted nomination for the office of attorney General. On teh same day he used his office of deputy attorney general to seek to prevent my nomination for the office of attorney general. He now says that it is "unlikely" that he will run, but he has not withdrawn from the race.

This is a clear conflict of interest, and misuse of his office for political gain. From the moment my candidacy was announced, it was clear that I would sweep all opposition away. Iro is using his position to handicap a political rival.

I also ask that the charges against me be tabled until such time as this complaint is heard.


Miscelleaneous



Alternative courts: N

Plea Bargain: Y
 
I have split this out of the old catch-all thread, and at least titled it with the new format. I will address this matter within the coming days. Any substantive evidence you have available would assist me greatly in this matter, flem - please note that without actual evidence it is unlikely the Court will accept this indictment.
 
Gaspo:
I have split this out of the old catch-all thread, and at least titled it with the new format. I will address this matter within the coming days. Any substantive evidence you have available would assist me greatly in this matter, flem - please note that without actual evidence it is unlikely the Court will accept this indictment.
Click to expand...
Your honour, the facts of this case are pretty clear. I will begin with a timeline (using the datestamps that appear on my monitor).

On March 1st, 5:20pm Iro was nominated for the position of Attorney General.

On March 3rd, 5:38pm I was nominated for “attorney General and all three justices”

On March 3rd, 8:40pm Iro was nominated a second time for Attorney General.

On March 3rd 9:20pm I accepted my nomination.

On March 3rd 11:29pm Iro accepted his nomination.

On March 4th 1:06am Iro took me to court for violation of the legal code by running for multiple offices.
I would like the court to note that he did not do this as a private citizen. He did this “in the name of the nations of the North Pacific” and signing the indictment “Deputy Attorney General of the North Pacific”. He also headed the Indictment with the official seal of his office.

On March 4th, 2:16pm Iro made a post which suggests that he was prompted to take me to court by the fact that the Election Commissioners had accepted my name (at that time) onto the ballot for all posts in the race.

On March 4th 2:19am Iro expressed doubts about his nomination.

On March 4th 5:20am I protested the use of the Deptuty Attorney General’s position as “a political tool of the oligarchy to prevent a candidate from running.”

On march 4th 5:59am doubts were first posted about my nomination in the election nomination thread. No doubt in response to Iro’s Indictment.

On March 4th 6:08am Delegate McMasterdonia posted in the court filings thread that he had “reminded” the Election Commissioners (of the clause in the legal code preventing me from running) ending “they will fix it.”

On march 4th before 6:21am I was, indeed, fixed. My name was moved off the list of those who had accepted nomination. Over the next couple of days it moved around from “nominated but not accepted” to “=Nominated (but stubbornly irritating the Election Commissioners and joining Iro to waste the Court's time)=” to “nominated”.

On March 4th, 6:13am Cormac Stark, as Election Commissioner, requested that “frivolous” and “laughably incompetent” action against me be dropped, saying that “the matter had been addressed.”

On March 4th, 6:19pm the indictment against me was denied. But the damage to my candidacy had been done, and the result Iro had been looking for had been achieved.

On March 4th, 2:32pm Iro withdrew from the Attorney General race and nominated himself for justice.

On March 4th 2:36pm Iro made a very telling post, in which he seems to acknowledge that he has done wrong: it is worth quoting in full:
Iro:
I appreciate Flemingovia's candor, but I'm happy that the ECs are finally doing their job. Let's go ahead and withdraw those charges, even though they've already been denied, so someone can't chuck them at me later.

Cormac, I know this has become somewhat of a laughingstock, but... ah, what the hell. Continue on.
Click to expand...

I ask the court to note Iro’s satisfaction with the decision of the Election Commissioners, and his acknowledgement that his conduct might be “chucked” at him later.

On March 5th: 12:01am Iro withdrew from the Justice election.

On March 5th 3:53pm my nomination was finally officially refused by Election Commissioner Jamie.

Your honours, I give such a full time line to make clear the succession of events over a number of threads. Surrounding this was considerable debate on #tnp where my candidacy received a lot of popular support, but also opposition from others.

From this timeline a number of things are clear:


1. Iro was my rival in the race for Attorney General. My candidacy had considerable public support.

2. Iro used his position as Deputy Attorney General to seek my indictment and removal from the race.

3. After Iro’s complaint, the Election Commissioners “fixed” my candidacy (McMasterdonia’s words, not mine) and my name was removed from the ballot.


Now I have no doubt that my candidacy would have eventually have been denied anyway. The issue I bring before the court is Iro’s use of his public office to seek to bring about this result when, at the time, he was running as a candidate.

Article 5 of the Bill of Rights protects citizens from abuse of power by government officials:

All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region.
Click to expand...

As I have already stated elsewhere:

I contest that Iro’s seeking to use his position as a government official to prosecute me and remove me from the ballot in the Judicial Election while he was running in that election as a candidate constituted an abuse of the power of his office. Even though the complaint was disallowed, this court action prompted the Election Commissioners to remove me from the ballot.
Your magnificence, leaving aside the details of this particular case, there is a matter of principle involved. Candidates in an election who serve on the judicial wing of the region ought not, on principle, get involved in litigation surrounding that election. It is a slam dunk abuse of power.
Click to expand...

I thank the court.
 
Sometime after I finish this 6000 word paper that's due in 30 hours. It would have been the priority for this weekend, but broader events have transpired which have required it to share the attentions of this office.
 
Honoured Attorney Generals,

I have no objection with this case taking time to be brought to court. even though my original complaint was made quite a while ago now - due to Gaspo's reorganisation I cannot find out how long. I have been extremely understanding when the delays have been explained by the office of the Attorney General.

I DO, however, object when this case starts to be leapfrogged by other matters, and complaints like the one against Ravenna are brought to the court in a matter of days. Excuses that the Attorney General's office does not have time to deal with this complaint seem to sound a little hollow when things like that start happening.
 
I haven't consulted with my boss on this, but I refer you to to LC-C1.1; 'No citizen holding no public office may be punished for any crime not listed in the Criminal Code.'

What crime exactly do you allege Iro has committed?
 
It's purely a function of man-hours for drafting. Bel had them, and was lead on that project in terms of drafting; I don't, and am handling this personally. Believe it or not, this office is capable of working on more than one thing at a time. I will be preparing it today, when, as I had stated previously in this thread, Real Life permits.
 
Gaspo:
It's purely a function of man-hours for drafting. Bel had them, and was lead on that project in terms of drafting; I don't, and am handling this personally. Believe it or not, this office is capable of working on more than one thing at a time. I will be preparing it today, when, as I had stated previously in this thread, Real Life permits.
Click to expand...
Thank you, Gaspo.
 
Belschaft:
I haven't consulted with my boss on this, but I refer you to to LC-C1.1; 'No citizen holding no public office may be punished for any crime not listed in the Criminal Code.'

What crime exactly do you allege Iro has committed?
Click to expand...
When this complaint was made, Iro was holding public office.

The fact remains he abused his position as Deputy AG, and violated his oath, where he swore this oath:

" I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner. "
Click to expand...

It is not my fault, as complainant, that the court did not act on this complaint until he was out of office. Furthermore, if the court states that someone may not be tried for offenses committed in office when they are no longer in office, then that would be a radical departure for the court.

For example, Ravenna is no longer a member of the NPA, but is currently on trial for crimes committed when he was in office.
JAL is no longer delegate, but was put on trial for offences committed when he was delegate.

By your logic, any official could escape prosecution by resigning office as soon as they are caught out in malpractice.

The complaint refers to the actions of Iro while he was holding public office, and was brought while he was still holding that office. LC-C1.1 does not apply.
 
You must log in or register to reply here.
Back
Top