TNP vs. Mesian

B

Byardkuria

TNPer
COURT OF THE NORTH PACIFIC

THE NORTH PACIFIC

-V.-

MESIAN (Defendant)





The Ministry of Justice, on behalf the North Pacific, charges -


1.) That on or about the Twenty-Second day of October, 2006, the Defendant did attempt to infiltrate, through the use of puppet nations and subterfuge, the New Pacific Order, recgonized government of the region The Pacific, with the intent of providing material support and comfort to the region of Supreme Union, at that time participating in military hostilities with the region of The Pacific.

2.) At no time relevant to this Indictment was the Defendant assigned or instructed to operate within the jurisdiction of the New Pacific Order as part of any legally-authorized North Pacific Army or North Pacific Intelligence Agency posting.

3.)The Defendant did, knowingly, willfully, and by his own admission, commit acts in violation of Article II, Section 1, Paragraph 2 of the Constitution of the North Pacific, to wit:

Each member Nation shall 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.
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Filed this Eighth day of May, 2007;

(signed)

- Byardkuria
Attorney General of the North Pacific
 
I was just curious. I served as a public defender in TP for a while. That was before the revival of the NPO.
 
If anyone is willing to help, your more then welcome, but right now, I will represent myself.

Keep it Real

Mesian
 
Mesian I will be more then willing to represent you. Please let me know if you will accept my consul.
 
Thankyou, PM Sent.

To be more exact;

I agree with the statement made in Point 1

I disagree with the statement made in Point 2

I plead not guilty to the charge in Point 3

Keep it Real

Mesian
 
I would respectfully point out that the indictment, as filed, is predicated upon a violation of the conditions of Regional Assembly membership, and, as such, falls firmly and solely within the jurisdiction of the civilian Justice system.
 
I accept the case and will be representing Mesian. Provided that the MoJ approves of this, if they do not then I will step aside.
 
I am still reading over the legal code, a bit of a crash course for me.

Rule 303. Pretrial discovery of evidence and compilation of testimony.
A - Once a plea is entered in a criminal or impeachment proceeding, or a response to a complaint is filed in a civil proceeding, a period of time for the discovery of evidence and the compilation of witness testimony will commence.
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I the pretrial period of discovery can begin now? And if so then I ask a 48 hour period for discovery. I am asking on the grounds that not only does my witness and I need to prepare our case. I, as his lawyer, need to familiarize myself with TNP legal code.
 
The defendant is entitled to counsel of his choice. I will be delaying any motion forward until the Justice responsible has acknowledged the case, but you are more than welcome to brush up in the interim.
 
Thank you very much Byard. Then I will be representing Mesian in this case. One more question am I allowed to have co-consul?
 
I have an inquiry. The basis of the case seems to revolve around whether Mesian's actions were those of a rogue agent or if they were a black op sanctioned by the Director of the NPIA. Hersforld is retired from NS and from what I have heard no one has been in contact with him. Please correct me if I am wrong. And Tresville the current Director of the NPIA is MIA. And it stands to reason that these two are really the only two who can confirm or deny Mesian's story.

I am inquiring based on these grounds if a mistrial or dismissal of the charges could be handed down from the justice who will be overseeing this case?
 
I will argue that the inability of the defense to produce a corroborating witness is not grounds for mistrial.

I will also argue that perhaps we ought to actually be in session before we start entering motions.
 
*dusts of bench*

:hello: The case is hereby acknowledged. I will advise on further actions soon.
Please refrain from using this thread as discussion ground. Feel free to create a separate case-related discussion thread if you see any need.

Best regards,
Associate Justice Leland Gaunt
Presiding Justice

*goes off to Dalimbar's party*

(OOC: It's late in the evening in Europe and tomorrow I am off for two days annual manager meeting of our group holding company, please do not expect further actions until earliest late Sunday)
 
Your Honour Sir,

I would quickly like to point out to you sir the Statute of Limitations as outlined in Law 13 of TNP legal code.
It has been more then 90 days since the event occured, and by his own admission, Gaspo stated he had knowledge of my actions in the NPO, and, as a result, can no longer be civilly or criminally charged for my actions, whether or not the charge be correct or not.
I move for a complete dismissal of this case on those grounds.
I hope you can get to see this before you leave, as I believe moving forward (in light of what has been said) is simply a waste of the courts time.

Keep it Real

Mesian
 
As a further note in the event the move to dismiss is denied, I am in fact retired from NationStates. When I retired, all PM's in my message folders were deleted. I will therefore have a very difficult time either verifying or denying either side of the events that are being alleged.

If anyone does need to contact me in the future for something like this or anything a little less troublesome (preferably more than a little) there is this convenient little button just below this post that reads "email". Or you can post something here.
 
Your honor, I would argue that the nature of the offense warrants an exemption from the provisions of the stated law. The original intent of this law was to "bury the hatchet", if you will, with those members of the region which could have been viewed as complicit in the former, dictatorial regimes. In this case, the Region was unaware of the commission of the acts in question until April 25, 2007 (as evidenced in this thread). While I do understand the needs and utility of a statute of limitations, allowing an accused criminal to avoid prosecution by virtue of being able to hide their crimes for X number of days is a dangerous precedent.
 
I realized just not much of what I just said was said in previous posts. *I should read before I post. ;)

Your honor, I would argue that the nature of the offense warrants an exemption from the provisions of the stated law. The original intent of this law was to "bury the hatchet", if you will, with those members of the region which could have been viewed as complicit in the former, dictatorial regimes. In this case, the Region was unaware of the commission of the acts in question until April 25, 2007 (as evidenced in this thread). While I do understand the needs and utility of a statute of limitations, allowing an accused criminal to avoid prosecution by virtue of being able to hide their crimes for X number of days is a dangerous precedent.
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A section from TNP Law #13

As used in this law:
(A) A "Statute of Limitations" places a time limit on pursuing a legal claim in relation to wrongful conduct. After the expiration of the stated period, the victim or the Government loses the right to file a claim seeking criminal punishment or any other remedy as to that claim, unless an exception applies as provided in the Constitution or the Legal Code.

(B) “Accrual” refers to the beginning of an applicable time period for a claim. The limitations period does not begin until the act, or the last act of a series, is committed by some actor. If the victim or the Government does not learn of the act until a later time, then the limitations period does not begin until the act, or the last act of a series, is discovered, or should have been discovered, by the victim or the Government.
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I suppose Byard is correct in saying that the statute of limitations does not apply. But, I feel the last half of section B applies to this case.

or should have been discovered, by the victim or the Government.
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Now given that Hersfold was Director of the NPIA during the time period of the actions in question by this court shouldn't Hersfold been aware of the actions of his agents? Whether they were acting on their own or under orders? I am not expecting the NPIA Director to be able to see all actions committed by NPIA agents, but I do expect the Director to have some degree of knowledge as to what the NPIA agents are doing. Is this not the job of the NPIA to collect intelligence and observe others? And provided that reasoning then Hersfold should have known long before April 25th, 2007 what Mesian was up to in the NPO and should have taken the appropriate action.

As a further note in the event the move to dismiss is denied, I am in fact retired from NationStates. When I retired, all PM's in my message folders were deleted. I will therefore have a very difficult time either verifying or denying either side of the events that are being alleged.
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And finally given the above admission by Hersfold, the Director of the NPIA during the time of the actions that are in question. Hersfold is the only one who could verify or deny whether Mesian was acting under Hersfold's orders or not. And if all documents have been deleted then what concrete evidence is there?

I strongly feel your honor that given recent events that have helped shed more light on this case that it be dismissed.
 
I had my suspicions as to the dual-identity thing being an intel op, given how out-of-the-blue the behavior of Futur Knecht was. However, I trusted the NPIA to follow its mandate, or at least, to not stray that far over the boundaries, so I didn't consider that possibility before releasing the information.

As far as checking with the NPIA director, I'm fine with that when it's current information
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And this statement was made by Gaspo on May 9, 2007 in the following forum:

http://z13.invisionfree.invalid/TNP/index.php?...opic=3115&st=80

And the next statement was made by Gaspo on April 25, 2007:

"I vehemently protest your initial comment regarding my "newly-found powers." I have known of your other identities for some time, but it was never relevant until now."
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Gaspo is involved with the NPO and apparently knew of the alledged crime for sometime. Shouldn't he have reported it to the proper authorities especially since he is also a member of the TNP government? When a nation breaks the law isn't that always relevant? My point being Gaspo apparently knew or had a suspicion of a crime that was possibly being committed against another soveriegn region by an agent of the NPIA. And should have reported this when he first found out or first had the suspicion/knowledge.
 
[Official, dark and scary NPO voice] I'm not certain if this is an ongoing trial or if my comments (as a member of the NPO) are welcome, so I will be brief.

I fail to see how the remarks concerning Gaspo's status in the NPO are relevant to determining if Mesian was acting on his own or under the umbrella of official NPIA action.
 
I can serve as Mesian's lawyer until Wednesday. I will be leaving east texas at that point and be traveling around for a little less then a month.
 
Byardkuria:
Mr, Justice, permission to enter a deposition from Gaspo with regards to the above concerns?
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Accepted.

There is a need to clarify this in order to decide whether to dismiss the case based on time limitation according to TNP law 13 or not.
 
That is the intent of my deposition. I am awaiting a response from Gaspo, and will present the information in question as soon as possible.

As there is a strong possibility that the deposition will contain operational information which may constitute a threat to regional security if released into the public, as well as a distinct possibility for damage to the witness himself, I would request that the deposition be considered sealed, and access limited to counsel and the presiding Justice.
 
Byardkuria:
That is the intent of my deposition. I am awaiting a response from Gaspo, and will present the information in question as soon as possible.

As there is a strong possibility that the deposition will contain operational information which may constitute a threat to regional security if released into the public, as well as a distinct possibility for damage to the witness himself, I would request that the deposition be considered sealed, and access limited to counsel and the presiding Justice.
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I fully support Gaspo's willingness to provide this court with a desposition, but it should be made public. Haven't we had enough of the cloak and dagger? Isn't this what caused this trial?

C - There is to be a North Pacific Intelligence Agency whose duties are to collect and analyze confidential intelligence information for the benefit of the Regional Government and the region as a whole. The Prime Minister shall appoint the leadership of the North Pacific Intelligence Agency after consultation with the personnel of that agency. Any matter concerning the Agency's activities and personnel, except in the case of a criminal prosecution, shall be discussed in confidence without reference in any public record; however, there may be disclosure of confidential information in connection with a criminal or impeachment proceeding. The Prime Minister shall be responsible to the Cabinet and the Regional Assembly for the ongoing oversight of the Agency
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Section 2, and under the Prime Minister description. The trial of TNP vs. Mesian is a criminal proceeding. And therefore any confidential information that relates to said criminal proceeding may be discussed openly and in public. So, given that I see no reason to keep Gaspo's deposition from the eyes of the public. The public demand justice and this case must be open and trasnparent in the preceedings, it is in the very interest of the public and all involved in this case.
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Aside from that, I must say Byard's last post perked my interest quite a lot. Perhaps I am reading into this more then I should. But, the only way I could see Gaspo's deposition threatening TNP's security is if it had to with the NPIA and any operations that he was involved in or had information on.

I personally had a feeling Gaspo might have known Mesian was an NPIA operative before Mesian spilled the beans in his campaign thread. But, it seemed others were trying to convince me other wise, and that there was no possible way Gaspo could have had that information. Byards statement makes me think otherwise and makes me think there is more to this then some of us knew.
 
I personally had a feeling Gaspo might have known Mesian was an NPIA operative before Mesian spilled the beans in his campaign thread. But, it seemed others were trying to convince me other wise, and that there was no possible way Gaspo could have had that information. Byards statement makes me think otherwise and makes me think there is more to this then some of us knew.
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You, sir, are the king of Jumping to Wild Conclusions. :eyebrow:
 
Darkesia while I am not opposed to your posting please take it to the peanut gallery my friend. I assume you are not allowed to post in this thread, but personally see no problem with you posting in the peanut gallery.

The only other conclusion I can make is that Gaspo's deposition would make certain folks in TNP look not to hot.
 
Due to my pending departure tomorrow afternoon from East Texas I will no longer be able to continue as Mesian's lawyer, and have asked Galapagos Isle to continue. I believe GI has accepted and Mesian has agreed to that as well. Until then I am still Mesian's lawyer.
 
I would note that I have not yet agreed to give any deposition at all, as work has been very busy for the past several days.
 
I had assumed since Byard was asking to submit a deposition that he was in the process of getting one from you.
 
And he is, and contacted me a couple of days ago. However, as I said, I have been busy, and have only now responded to his initial message.

Patience is a virtue. Some of us have RL commitments that take up the majority of our time. Store-wide inventory for a large retailer is one of those things. I was at work until 2 am on Saturday, and then long hours the next three days. I'm still catching up on all manner of personal obligations, ranging from my consulting business to NS. Have patience.
 
So, he is in the process of getting the deposition or is in the process of getting your permission for a deposition?
 
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