complaint against McMasterdonia

Flemingovia

Flemingovia

TNPer
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Name of Complainant: Flemingovia

Name(s) of Accused: McMasterdonia

Date(s) of Alleged Offense(s): On or around 2/9/14

Specific Offense(s): Violation of my rights under the Bill of Rights.

RelevantExcerpts from Legal Code or other Laws: 2. Each Nation's rights to free speech... shall not be infringed,

Summary of Events (What happened, in your own words): On 2nd September in the Year of our LORD FLEMINGOVIA 2014, I was innocently perusing the forum when I came across evidence that McMasterdonia had COOKED and EATEN Skippy the Bush Kangaroo (or perhaps one of his relatives)

EVIDENCE OF THE CRIME

Now, I feel this is enough of a crime. Who cannot look on skippy and not feel moved at his plight?

6836538057_a9e9d48761.jpg


Now the more astute among you will note that hacking at a kangaroo with a cleaver, ripping the flesh from its corpse and roasting it, then eating the evidence, is not a crime in TNP.

However, when I saw the picture that he callously posted of his vile calumny (look it up), I was temporarily struck speechless.

albundy_shock.gif

This is what Flemingovia being struck speechless would have looked like if Flemingovia were a lot less good looking.

THEREFORE MCM IS GUILTY UNDER SECTION 2 OF THE BILL OF RIGHTS OF DEPRIVING ME OF MY RIGHT TO FREE SPEECH!

Justice will be served! for me and for Skippy.

Flemingovia - to the best of my ability and recollection I swear all info provided in this complaint is true.

Evidentiary Submissions:
See Above.
 
Maybe it's not my place to post here, but I'd like to comment that Skippy was the prime suspect in the robbery of a convenience store earlier that day.
 
Thank you for submitting this complaint. It would help us to review this if the complaintant could follow up and provide us with any other details they may remember such as: do you have any evidence to suggest McM actually murdered skippy and ate him? Or was he provided the meat from another source? The local market? A hunter? Friend/ or family members freezer?

CoE: do you have the video footage of the alleged robbery in progress?

I will discuss this futher with my assistants and let you know our decision.
 
COE is of course correct. I was doing um civic duty Mr attorney general sir.

For the record I did not kill him myself. That would be too redneck for me.
 
PaulWallLibertarian42:
Thank you for submitting this complaint. It would help us to review this if the complaintant could follow up and provide us with any other details they may remember such as: do you have any evidence to suggest McM actually murdered skippy and ate him? Or was he provided the meat from another source? The local market? A hunter? Friend/ or family members freezer?
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It is immaterial to my complaint whether McM killed skippy himself or not. The essence of my complaint is that he rendered me speechless by his act and the image he posted.

If you wish I can provide a sworn statement from my wife Cruithne (who used to be a member of TNP) who will testify to my speechlessness.
 
flemingovia:
PaulWallLibertarian42:
Thank you for submitting this complaint. It would help us to review this if the complaintant could follow up and provide us with any other details they may remember such as: do you have any evidence to suggest McM actually murdered skippy and ate him? Or was he provided the meat from another source? The local market? A hunter? Friend/ or family members freezer?
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It is immaterial to my complaint whether McM killed skippy himself or not. The essence of my complaint is that he rendered me speechless by his act and the image he posted.

If you wish I can provide a sworn statement from my wife Cruithne (who used to be a member of TNP) who will testify to my speechlessness.
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So, in essence, the root of your complaint is the allegation that McMasterdonia's post concerning tasty marsupials properly prepared left you shocked to the point that you are speechless? And having been left speechless, said speechlessness should be interpreted as a violation of your right to free speech?

And, if you were left speechless, why are you speaking now? Surely you should apply for an assessment of needs resulting from a temporary disability concerning speechlessness to Social Services.

Before engaging in legal actions, perhaps you could file a complaint with PETA (People Eating Tasty Animals), but alas, since my Bigfoot-Surströmming Act (which passed the RA but was vetoed by then Delegate McMasterdonia) failed, it may be a question for the greater Court in general as to whether or not Bigfoots, fermented fish and mythological/real non-Humanoid/Hominid animals who are generally considered delicacies in some parts actually have rights. And what would Violet say if you were left speechless over someone's cannibalistic epicurean predispositions?

And McMasterdonia - did you get that dent out of the bumper on your station wagon yet? Perhaps such matters of this would never have happened if you chaps drove on the right side of the road.

But I diverge. I must be running along now as I have a nice batch of breaded otter noses and wolf nipple chips in the oven and it's nearing dinner time.
 
The questions sent by the AG to my client have been forwarded to me. We will not be answering any questions before a trial and reserve the right to change this position at any point. We request that these charges be dismissed by the AG or brought before the Court immediately.
 
In effort to keep the complaint docket neat clean and organized and seperate inquiry seperate. I have split general commentary as well as Romanoffia's inquiry on Skippy's Mum from this original complaint thread.
 
Romanoffia:
So, in essence, the root of your complaint is the allegation that McMasterdonia's post concerning tasty marsupials properly prepared left you shocked to the point that you are speechless? And having been left speechless, said speechlessness should be interpreted as a violation of your right to free speech?

And, if you were left speechless, why are you speaking now? Surely you should apply for an assessment of needs resulting from a temporary disability concerning speechlessness to Social Services.

Before engaging in legal actions, perhaps you could file a complaint with PETA (People Eating Tasty Animals)

But I diverge. I must be running along now as I have a nice batch of breaded otter noses and wolf nipple chips in the oven and it's nearing dinner time.
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I cannot help but feel that the ag's office is not treating this case objectively. Like McM I. Would like to see romanoffia removed from this investigation.

On the matter of the issues you raise, when the wife of the 18th century clergyman Jonathan Edwards went into a religious ecstasy, she was rendered speechless for nineteen days. Happily my speechlessness did not last as long.

The institution PETA does not exist in tnp. Complaining to it would be difficult.
 
The AGs Office has concluded the investigation into the complaint filed by Flemingovia, and have determined the following:

Troll post is troll. We all had a good laugh.

However the Criminal code states thusly:
Chapter 1: Criminal Code

1. No criminal case may be brought before the Court of the North Pacific against any citizen for any crime not listed in the Criminal Code.
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The Criminal code then goes on to lay out offenses for which one can be taken to trial for; treason, espionage, fraud, crashing phishing or spamming, proxying, adspam, conspiracy, gross misconduct

Section 1.1: Treason
2. "Treason" is defined as taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allies as governed by the Constitution.
3. Specifically, no player maintaining a nation in a region or organization at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities.
4. At this time, there are no regions or organizations at war with TNP. At this time TNP is allied with Stargate, the South Pacific, Taijitu, International Democratic Union, Equilism, Balder, Europeia, Albion and The East Pacific.
5. The Speaker will update the preceding clause as appropriate.

Section 1.2: Espionage
6. "Espionage" is defined as sharing information with a group or region when that act of sharing has not been legitimately sanctioned by the entity the information is gathered from, as limited by this section.
7. The information shared must not be accessible to a person who is not a member of the region or group it is gathered from except by cracking technical security measures.
8. The information must be gathered from The North Pacific or a foreign power the Regional Assembly has agreed to prohibit espionage against.
9. The Regional Assembly has agreed to prohibit espionage against Europeia and Albion.
10. The Speaker will update the preceding clause as appropriate.

Section 1.3: Fraud
11. "Election fraud" is defined as the willful deception of citizens with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
12. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.

Section 1.4. Crashing, Phishing, or Spamming
13. "Crashing" is defined as any unauthorized action which could cause a forum to go out of service or lose information, including the deletion of posts, the deletion of a forum, spamming, or any other act of such kind.
14. "Phishing" is defined as any attempts to gain access to off-site property controls or passwords by deception, especially by posing as administrators or moderators for any unauthorized use.
15. Phishing also includes the collection of personal information kept at the Forum.
16. "Spamming" is defined as any action by non-region nationals to waste space or cause shock on any off-site property or regional message board to make it unusable.
17. Spamming includes any attempts to force a DOS error on forums and any attempts to flood the RMB of a region which is not that nation's normal abode.
18. No Nation of The North Pacific may perform, order, condone, or accept as legal, Crashing, Phishing, or Spamming.

Section 1.5: Proxying
19. "Proxying" is defined as use of a proxy server to render a forum user anonymous or any practice which allows a member multiple accounts.
20. Forum administrators will inform the Government and Court of Proxying they observe.

Section 1.6. Adspam
21. Recruitment for other regions on the Regional Message board may be regulated or prohibited by Delegate Decree.

Section 1.7. Conspiracy
22. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.

Section 1.8. Gross Misconduct
23. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.

Section 1.9. Exceptions
24. Exceptions for treason, espionage or proxying may be given to members of the military and intelligence services with the consent of the Delegate and the appropriate Minister when on officially sanctioned missions for the purposes of preserving regional security.
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As can be demonstrated there is no statue in the criminal code for Kangaroo "murder" or eating or speechlessness.

Futhermore, The Office of Attorney General is unsure if Flemingovia was actually left speechless from the posts made by Mr. McMasterdonia. Flemingovia was able to make said posts in that thread:



http://forum.thenorthpacific.org/single/?p=8160043&t=7233919



http://forum.thenorthpacific.org/single/?p=8160044&t=7233919

also Flemingovia had enough speech to file a complaint as well as make 7 additional posts per his forum posts activity.

At this time we are unable to file formal charges against McMasterdonia and recomend the following:

If Flemingovia sincerely believes McMasterdonia has committed a crime against him and the region of The North Pacific then I encourage him as is his right under the constitution, bill of rights, and legal code to follow up with the case and prosecute it himself.

Alternatively he can file a request for review with the court.

Propose legislation in the Regional Assembly to add offenses such as "Kangaroo Murder" to the Criminal Code.

Propose legislation to reinstate civil trials.

If Mr. Flemingovia is unhappy with any of those options then I would suggest he file a recall petition or pester the court to hurry up and make their ruling on if a Re-vote between myself and Mall should occur.

As of now the AGs office considers this matter closed.

In the future as long as I am still standing in the AGs office and acting in it's capacity I would appreciate complaints filed in the complaint docket to actually be something that can be enforceable under the criminal code --- and not slightly humorus abiet failed attempts at trolling.

Thank you.
 
Troll post is troll. We all had a good laugh.
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And idiot Attorney General is idiot - but hopefully the Request for Review before the court will solve that issue.

The charge brought to the AG's office was, i admit, not the most serious in TNPs history, and I did not really expect much satisfaction from the court.

What I did not expect was this little case to cause such a wide-reaching ruling by the person currently warming the Attorney General's chair.

On the wider issue, effectively PaulWall has concluded that violations of the Bill of Rights cannot be prosecuted by the Attorney General's office because such violations are not listed as "crimes" in the Legal Code.

Effectively, then, the BOR is meaningless, as is any law that cannot be enforced through the courts. Muchas Gracias, PaulWall. Next time JAL is on trial he has given him the perfect precedent to cite.

On the specific issue of this complaint, there are one or two questions that I would ask PaulWall:

1. What length of time of speechlessness would be considered actionable by the Attorney General's office? An hour? a day? Permanent?

2. If typing a complaint is seen as evidence of non-speechlessness, how can someone who has their right to free speech violated in this way make a complaint? Telepathy?
 
I will be waiting to act on the advice of my legal counsel. However I would prefer to have my day in court and have the court render its verdict on the validity of the claims against me.
 
flemingovia:
Troll post is troll. We all had a good laugh.
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And idiot Attorney General is idiot - but hopefully the Request for Review before the court will solve that issue.

The charge brought to the AG's office was, i admit, not the most serious in TNPs history, and I did not really expect much satisfaction from the court.

What I did not expect was this little case to cause such a wide-reaching ruling by the person currently warming the Attorney General's chair.

On the wider issue, effectively PaulWall has concluded that violations of the Bill of Rights cannot be prosecuted by the Attorney General's office because such violations are not listed as "crimes" in the Legal Code.

Effectively, then, the BOR is meaningless, as is any law that cannot be enforced through the courts. Muchas Gracias, PaulWall. Next time JAL is on trial he has given him the perfect precedent to cite.

On the specific issue of this complaint, there are one or two questions that I would ask PaulWall:

1. What length of time of speechlessness would be considered actionable by the Attorney General's office? An hour? a day? Permanent?

2. If typing a complaint is seen as evidence of non-speechlessness, how can someone who has their right to free speech violated in this way make a complaint? Telepathy?
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If you were left so speechless, why is it that you are still talking? Are you being speechless on your own time for personal economic gain?

Or are you angry that no one save you any Kangaroo Hot Pockets?
 
I would feel that in order to have your free speech violated in our simulated little political role play game - either 1. An admin would have to supress your posts or 2. Someone with regional authority such as a delegate -- would use their position to coerce someome into removing a post seen as unfavorable to the government.

As far as BOR violations - as the Criminal code is written as I showed you.

Chapter 1: Criminal Code

1. No criminal case may be brought before the Court of the North Pacific against any citizen for any crime not listed in the Criminal Code.
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So if something is not listed in the Criminal Code then obviously they can not be be brought up on criminal charges.

Clearly this is an oversight by the Regional Assembly - if you have issue with my interpretation, take it up with those who wrote the laws -- the RA.

Earlier this year r3n also had a proposal passed to remove civil trials. So, that is no longer an avenue to pursue to sue someone for violating your BOR.

So the choices I see are:

File a request for Review with the court.

Draft legislation to reinstate civil suits.

Draft legislation to overhaul the criminal code and add in a statute about making it a criminal offense to deny someone their TNP Civil Liberties/BOR rights.
 
Since it has been passed 30 days since the AGs office declined this case, and the complaintant had not sought to manage the prosecution theirself. We view this matter as closed and therefor will be locking the topic.
 
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