TNP vs. FEC

As far as I'm aware, they're still working on the jury. Now would probably be a good time to find counsel should you wish to have one.
 
RESOLVED,

That Former English Colony, Delegate of The North Pacific, is impeached for high crimes and misdemeanours, and that the following articles of impeachment to be exhibited to the Regional Assembly:

ARTICLES OF IMPEACHMENT EXHIBITED BY THE NATIONS OF THE NORTH PACIFIC AGAINST FORMER ENGLISH COLONY, DELEGATE OF THE NORTH PACIFIC, IN MAINTENANCE AND SUPPORT OF THEIR IMPEACHMENT AGAINST HER FOR HIGH CRIMES AND MISDEMEANOURS.

In her conduct of the office of Delegate of The North Pacific, Former English Colony, in violation of her constitutional oath faithfully to execute the office of Delegate of The North Pacific, and, to the best of her ability, preserve, protect, and defend the Constitution of the United States The North Pacific*, and in violation of her consitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:

1 – The Nation of Bottled Fairy Dust was ejected from The North Pacific region by Former English Colony, on or around the night of 7th July 2006.

2 - The nation of Bottled Fairy Dust was ejected without prior Security Council approval.

3 - No Referendum of the Regional Assembly was called prior to the ejection of Bottled Fairy Dust.

4 - No Trial of the nation Bottled Fairy Dust took place.

In all of this, Former English Colony has acted in a manner contrary to her trust as Delegate and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the nations of The North Pacific.
Wherefore Former English Colony, by such conduct, warrants impeachment and trial, and removal from office.

EDIT - formatting

* edit mr. gaunt: editorial change to correct content
 
The Minister, Royal Pontifex and First Citizen of the Realm, Imperator Maximus I, leader of The Imperator's Fortress State of Gracius Maximus, will be serving as counsel for the accused.
 
Motion to Dismiss

The charges explicitly state that the duty of the Delegate of the north Pacific include the defense of "the Constitution of the United States".

I submit to the Court that at no point has it ever been the duty of any Delegate within the north Pacific to defend this constitution and further submit that claiming such defense on the part of the Court as a responsibility of the Delegate could lead to extreme emotional distress considering that the region United States is not now, nor has it ever been, under the jurisdiction of any governmental office of the north Pacific.
 
If it please the Court -

I would like, personally, to apologize for the aforementioned discrepancy. The fact a word replacement error slipped through no fewer than three readings of the document is a testament only to my own focus on the more functional spects of the document at the expense of the remainder of the text, which was adapted from public record.

Again, I apologize most sincerely for the error.
 
The Jury for this trial will be as follows:

- azazel
- nish81
- Hersfold
- Haor Chall
- Cthul Murgos

The Jury is informed and will receive order to follow the trial.

@Gracius Maximus: Welcome to the Court of The North Pacific. The Court recognises you as offical defender. You do have five days to respond to the indictment.

@mr. sniffles:
You are hereby requested to let the Court know if you will be acting as prosecutor or if you choose your right to appoint a prosecutor according to TNP Law 4. In that case, please announce the selected prosecutor.
The prosecutor may then start his/her opening statement (see Interim Court Rules 514 b).

edit: sentence completed :duh:
 
Mr.Gaunt:
@Gracius Maximus: Welcome to the Court of The North Pacific. The Court recognises you as offical defender. You do have five days to respond to the
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*Hersfold thinks the Honorable Justice has ADD... ;)

I stand ready to serve the court to the best of my ability.
 
Hersfold:
*Hersfold thinks the Honorable Justice has ADD... ;)
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The Honorable Justice is awfull tired due to a couple of 12-14 hours work days and announces that he will be absent until Sunday to get some recovery in RL (Brussels) and cure the ADD.
 
If it may please the court, I would first like to introduce a motion to recuse myself from the position of Chief Prosecutor as I am and should be a witness on the behalf of FEC. Also it would infringe my Constitutional rights against self-incrimination as seen here:

Art 1.6
No Nation shall ever be compelled in any criminal case to be a witness against itself.
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As such, I would be remiss to allow FEC to be impeached for any misconduct in which I may also have been involved.

However if such a motion would be rejected, I would serve if needed.
 
1- I notice several joking remarks that went unchastised but I get yelled at for non trial related stuff...hmm.


2-As a grand juror, there was more than once incedence of the illegal activity, more than just fairy dust. Where is the other one?
 
freedom and pride:
1- I notice several joking remarks that went unchastised but I get yelled at for non trial related stuff...hmm.


2-As a grand juror, there was more than once incedence of the illegal activity, more than just fairy dust. Where is the other one?
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If it pleases the court...my apologies for this rude interruption....Could I ask a point of clarification....

Is freedom and pride an officer of the court.....if yes please disregard this post....
If No then why is he posting in this thread...methinks he intends to disrupt this trial...
 
Your Honour, I'm sorry to further impose however I do believe the issues I've addressed in a PM to Mr. Gaunt has provided an honest potential conflict which would make me invaluable to the Court. I am, as always, subject to my duty but barring your decision I find myself unable to proceed.

To everyone else, sorry for the hold up and the defense has been notified as to the nature of the conflict.
 
Defense counsel acknowledges the conflict and appreciates the notification.

We await word from the Court regarding further proceedings.

We will also note that our motion for dismissal is still on the floor and has yet to be addressed.
 
I have reviewed the issue brought to the Court by the Attorney General and acknowledge the potential conflict if being Chief Prosecutor in this case.
The Court requests some patience and time to find a solution.

The motion to dismiss from GM is under review.

@all:
Please note this thread is formal and therefore please refrain from posting here unless you are being asked to (e.g. as a witness) or fill an official position in this case.

edit:
Decision of the Court regarding the motion to dismiss brought before the Court by the Defense Counsel Gracius Maximus
The Court hereby dismisses the motion to dismiss because the Constitution is quite clear regarding the duties of Government officials:
TNP Constitution Article 3 Section 2:
...The UN Delegate for the Region, the UN Vice Delegate, each Cabinet-level position, and all other positions established in the Regional Government, has the responsibility to buphold and enforce this Constitution[b/], and to implement and comply with the actions taken by the Regional Government pursuant to this Constitution or The North Pacific Legal Code. ...., or to execute the duties imposed upon, that position under this Constitution, or by The North Pacific Legal Code, or by the other laws enacted pursuant to this Constitution, and subject to such limitations on those powers and duties established under this Constitution.
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After the consulting the offical Court Thesaurus the Court has the opinion that it is the directly expressed duty of the TNP Delegate to defend the Constitution. Morevover: The way the duties are described, in connection with the Preamble of the Constitution and TNP Law 1 (Oath of Office) do let the Court easily reach the conclusion that it is indeed the duty of Government officials to defend the Constitution, although the word "defend" is not part of the quoted texts .
The Court refrains from posting all relevant texts here.
 
Defense counsel wishes to point out that the charges still read "defend the Constitution of the United States" and that is the primary motivation regarding the motion to dismiss.

That being said, we thank the Court for its decision and will adhere to it.
 
Gracius Maximus:
Defense counsel wishes to point out that the charges still read "defend the Constitution of the United States" and that is the primary motivation regarding the motion to dismiss.
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So your request was only about the typo and not about the typo AND the missing "defend" in the Constitution?

The Court has corrected the formal issue. There is no further reason for a motion to dismiss now.
 
Mr.Gaunt:
Gracius Maximus:
Defense counsel wishes to point out that the charges still read "defend the Constitution of the United States" and that is the primary motivation regarding the motion to dismiss.
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So your request was only about the typo and not about the typo AND the missing "defend" in the Constitution?

The Court has corrected the formal issue. There is no further reason for a motion to dismiss now.
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That is correct. :)

My point being that since the charges are of such a grave and serious nature that to further implicate my client for failing to uphold something altogether fanciful here would constitute a malicious misappropriation of Justice and therefore be paramount to cruel and unusual treatment and possible punishment, thereby making the motion sound as it stood.

That being said, it has been dismissed by the Court, not for the reasons expressed but for reasons implied, and we will abide by that ruling.
 
I respectfully ask that the Court notes that Pixiedance is no longer a member of the Regional Assembly.

As such, I withdraw all my evidence and any involvement in this case.
 
Cathyy:
I respectfully ask that the Court notes that Pixiedance is no longer a member of the Regional Assembly.

As such, I withdraw all my evidence and any involvement in this case.
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I don't think you can actually withdraw your evidence as such. It's now a case of the state running the prosecution. And since your evidence was public information, the trial should still go on.
 
The Court acknowledges the official nomination of Daimiaena as prosecutor and requests Daimiaena to go ahead.

It is up to you to start with the opening statement (Interim Court Rules - Rule 514. Trial presentation C).
 
I would ask the courts indulgence....and request an adjournment until such time as it's suits the court to reconvene....I would like to ask for 24 hours to have a look through all the evidence pertaining to this case....and to prepare a fair and reasonable prosecution...
 
May I make a request of whoever deals with such matters that another thread be made to cover any discussion of this trial...thereby hopefully avoiding any interruptions in proceedings....

Obviously I would ask that the members of the jury are not given access to said thread...as this may lead to bias...


Thank you....
 
I must apologise to the Court...It appears this case has been brought to court a little late and such the defendant is no longer covered by the charges...as the defendant is no longer UN Delegate...

I find myself in the somewhat embaressing situation of having no Defendant to prosecute and asks for the court to make a ruling that will cover the current situation...
 
ENTERED THIS NINTH DAY OF AUGUST, TWO THOUSAND SIX,

Before the Court of the North Pacific, Associate Justice Leland Gaunt Presiding

IN THE CASE TNP vs. FEC

Due to the election of a new TNP Delegate, the removal of the nation Former English Colony from the TNP de facto Delegate position, there is no ground for sentences in this trial.
As such, all further proceedings in this trial are hereby dismissed tentatively subject to a decision from the Attorney General's office about potential further actions.

Signed,

Leland Gaunt
Presiding Judge
Associate Justice of the North Pacific
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Additional information:
FEC has removed her nation from the Delegate seat which was the potential sentence she had to expect. Since the nation FEC is back in TNP there is still TNP Constitution Article V, Section 7 where a removal from the region is a potential further threat the defendant may face. It is up to the AG's office to decide if they want to pursue further actions on the basis of a judgement from the Jury and the Court. If not, the dismissal becomes final, if yes, the trial will need to take place to form a basis for the next trial.
Please note that this is a tentative dismissal and not a final judgement. Even is this dismissal becomes final, there is no appeal possible because there is no judgement and no sentence.
 
It is up to the AG's office to decide if they want to pursue further actions on the basis of a judgement from the Jury and the Court.
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*Hersfold notes that the AG's Office is not Alhoma and his yet-to-be-appointed Deputy, but rather Mr_Sniffles, as the MoJ when this case began.
 
ENTERED THIS TENTH DAY OF AUGUST, TWO THOUSAND SIX,

Before the Court of the North Pacific, Associate Justice Leland Gaunt Presiding

IN THE CASE TNP vs. FEC

The Court declares final dismissal of this case by reason of proactive removal of the defendants nations from the TNP Delegate position and as such the inability to apply potential in case of conviction and the quitclaim of the AG to pursue further actions.

Signed,

Leland Gaunt
Presiding Judge
Associate Justice of the North Pacific
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Trial is hereby closed.
Thanks to the Jury for your availability. You are released from your duties.
 
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