Filing of Charges Against Rostum

mr_sniffles

mr_sniffles

TNPer
After reviewing the evidence at hand and Rostum's uncooperative feedback, I have no choice but to grant the petition of Gracius Maximus and proceed to prosecute Rostum for actively promoting war against The Pacific.

A copy of GM's petition

Section 5. Grounds for Civil, Criminal or Impeachment Proceedings.

The following acts shall constitute grounds for civil, criminal or impeachment proceedings:
A - Failure of a Nation to observe and abide by the Constitution of The North Pacific and The North Pacific Legal Code.
B - Failure of a Nation to refrain from the threat or use of force against the territorial integrity or political independence of any other nation or region in a manner inconsistent with the Constitution of The North Pacific and the North Pacific Legal Code.
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We, the righteous and noble citizens of Gracius Maximus, through our glorious leader, The Minister, Royal Pontifex and First Citizen of the Realm, Imperator Maximus I, petition the Minister of Justice and Attorney General of The North Pacific to bring charges against the nation Rostum for alleged violation of the Constitution of The North Pacific, specifically Article V, Section 5.B.

Through an exchange of Private Messages on this, the official governmental forum for the north Pacific, the nation Rostum has attempted to solicit our assistance in an invasion plot to overthrow the sitting government of The Pacific. The nation has also transmitted his plans for this and his desire to form a coalition with several regions outside the north to assist in this plan.

Evidence of this can be transmitted to the Minister of Justice or posted here if necessary.

Since the north Pacific has engaged in open dialogue with the government of The Pacific and found amicable resolution to recent disagreements resulting in a reopening of the Pacifican Consulate it seems contrary and inconsistent with our Constitution for such plans to be taking place on our forum and for a member of the Regional Assembly to be heading up such plans.

Thank you for your time and attention to this matter.
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Edit - Thanks Cath, my mind must've wandered a bit. Yes, evidence will be presented once the defendant enters a plea.
 
The Court takes notice of the filing. Justice Democratic Donkeys will be serving as presiding justice in this case; however, as he is AFK until July 9, Justice mr.gaunt and I shall jointly discharge the duties in the preliminary phase of this case until his return.
 
mr_sniffles:
The evidence will be presented once a grand jury has been formed.
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May I respectfully ask the reason for the formation of a Grand Jury in this case.

It is my understanding that Grand Juries are formed in impeachment proceedings only.
 
You have to first indict before it can go to trial.

R
 
May I respectfully offer to the Court and the Justice Ministry that the North Pacific Intelligence Agency may have some information to offer regarding this case. I personally will be unavailable during the next week, but I will be more than happy to help when I am able to do so. If past experience is any judge, I shouldn't expect much to happen by next week anyway. ;)
 
Just to clear things up, my filing was basically an indictment for all who misunderstood. The procedure following this will be a fact finding mission for me to "close the deal" and for the defendant to create their defense. Since I've already garnered substantial evidence, I'm just sitting tight until the the defendant is prepared to enter their plea. Though from my handlings with the defense, I doubt he will be cooperative.
 
mr_sniffles:
Though from my handlings with the defense, I doubt he will be cooperative.
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He seems to believe he has been banned from these forums and therefore is unable to represent himself. He posted as much, at least, on The Pacific's RMB just a few minutes ago.

Rostum:
I was already banned from thier forums so I have no idea how they expect me to defend myself.
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I can confirm that Rostum is not banned here. His mask remains "regional Assembly", overridden to allow him NPA training.

He is not on account suspension, foum ban, or IP ban.
 
Romanoffia:
You have to first indict before it can go to trial.

R
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I'm still not clear on this. I can find nothing in the Court rules that suggests that a Grand Jury is formed in criminal proceedings.

In fact in my own trial no such jury was formed.

Surely, the presiding Judge should be posting formal notice of charges?
 
Cathyy:
Romanoffia:
You have to first indict before it can go to trial.

R
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I'm still not clear on this. I can find nothing in the Court rules that suggests that a Grand Jury is formed in criminal proceedings.

In fact in my own trial no such jury was formed.

Surely, the presiding Judge should be posting formal notice of charges?
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I edited that out days ago Cathyy right now we're just waiting for him to enter a plea which should officially end at 5:31. I've also sent several Personal Messages to remind him of the coming deadline. After such, I'm presenting a motion to enter a plea on his behalf of not guilty and for the judge to appoint a public defender.
 
It is my understanding that the player behind Rostum has given his nation to the RalphSpoilsport trading region. This may or may not be the case although he went to some considerable trouble to announce his intentions on the RMB in The Pacific.
 
I'm sorry I didn't notice you'd edited out your mistake, Mr Sniffles.

Can you also point me to the part in this thread or any other where the Court has served the required 5 days notice of the requirement to enter a plea?
 
Cathyy:
I'm sorry I didn't notice you'd edited out your mistake, Mr Sniffles.

Can you also point me to the part in this thread or any other where the Court has served the required 5 days notice of the requirement to enter a plea?
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For Cathyy:

Interim Court Rules
Rule 508. Notice of Criminal or Impeachment Proceeding.A - The complaint will identify the nation or nations in a manner sufficient for the presiding officer to post a notice in the regional offsite forum and to deliver either a private message in the regional off-site forum or a telegram through Nationstates to the nation(s) named in the complaint.
B - The nation(s) against whom the complaint is filed will have five days from the date of the notice to file a response with the presiding judge in a dedicated thread that is opened for the trial proceedings.
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Could I also please ask that any additional questions or criticisms of my handling of the case be brought before the Customer Service Desk of my Ministry.


For the Court:

Rule 509. Appointment of Defender.
A- A Nation may be represented by any counsel of the Nation's choosing. (Source: TNP Constitution, Article I, Clause 7.)
B - If the defendant refuses to participate or requests counsel, a public defender shall be provided. (Source: TNP Law 4.)
C - If a nation charged in a complaint fails to appear or is unable to obtain representation for the proceedings, a public defender may be appointed by the presiding judge to assist with the defense.
D - The request for appointment of counsel should be made as soon as is practicable, and whenever possible, prior to the entry of a plea to the complaint.
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Rule 510. Effect of Plea on Jury Trial
A - A defendant nation may enter a plea of “guilty,” “not guilty,” or “nolo contendere” to the complaint.
B - In the event of a “guilty”or “nolo contendere” plea, the sole function of the trial with a jury will be to determine an appropriate and proportionate sentence, and the evidence presented in the trial proceedings will be limited to those issues relevant to the assessment of punishment.
C - If the nation fails to appear or fails to enter a plea within the time permitted, the presiding judge will enter a “not guilty” plea.
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I would now ask the Court to enter a plea of "not guilty" in place of Rostum and to appoint a defender for his case.
 
The Court takes notice of this request. As the designated presiding officer should be returning either tonight or tomorrow, and this particular issue is neither time-critical nor time limited, shall leave the disposition of the motion to his discretion.

EDIT - V Well, speak of the Devil . . .
 
mr_sniffles:
Interim Court Rules
Rule 508. Notice of Criminal or Impeachment Proceeding.A - The complaint will identify the nation or nations in a manner sufficient for the presiding officer to post a notice in the regional offsite forum and to deliver either a private message in the regional off-site forum or a telegram through Nationstates to the nation(s) named in the complaint.
B - The nation(s) against whom the complaint is filed will have five days from the date of the notice to file a response with the presiding judge in a dedicated thread that is opened for the trial proceedings.
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To Mr Sniffles

There is no dedicated thread having been opened by the Presiding Judge. In my own case the 5 days began at the time the Presiding Judge opened a thread with my name in the title and posted the charges I was required to answer.

That thread was completely separate from the thread in which the AG made the initial filing and indeed by the time it was opened at least one of the Charges had been dismissed by the Court.

It was considerably more than 5 days after the initial filing that it was opened.
 
Cathyy:
mr_sniffles:
Interim Court Rules
Rule 508. Notice of Criminal or Impeachment Proceeding.A - The complaint will identify the nation or nations in a manner sufficient for the presiding officer to post a notice in the regional offsite forum and to deliver either a private message in the regional off-site forum or a telegram through Nationstates to the nation(s) named in the complaint.
B - The nation(s) against whom the complaint is filed will have five days from the date of the notice to file a response with the presiding judge in a dedicated thread that is opened for the trial proceedings.
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To Mr Sniffles

There is no dedicated thread having been opened by the Presiding Judge. In my own case the 5 days began at the time the Presiding Judge opened a thread with my name in the title and posted the charges I was required to answer.

That thread was completely separate from the thread in which the AG made the initial filing and indeed by the time it was opened at least one of the Charges had been dismissed by the Court.

It was considerably more than 5 days after the initial filing that it was opened.
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And in IndieGirl's case, there wasn't. Rostum's refusal to participation complicates matters and since you are not a judge to set precedent, dedicated thread is not bound by your opinion or interpretation. These are rules and guidelines not law, the spirit of these rules are to allow the defense proper time to prepare for a proper case. As you have not yet presented any arguments in which you have stated that I am blindsiding the defense, I'll take it that this is less about me not conducting this properly but the usual grandstanding.
 
I don't recall saying I was a Judge here. As of course neither are you.

You simply don't like me pointing out when you get things wrong as in your supposition that a Grand Jury would be formed.
 
Cathyy:
I don't recall saying I was a Judge here. As of course neither are you.

You simply don't like me pointing out when you get things wrong as in your supposition that a Grand Jury would be formed.
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Absolutely not. I thanked you for the help but to continually nip pick when there are other avenues to do so is tiresome.

If you want to be Rostum's defender then by all means volunteer if not then :hug:

All you have to do is ask Cathyy!
 
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