Criminal Complaint

Eluvatar

TNPer
-
-
Pronouns
he/him/his
TNP Nation
Zemnaya Svoboda
Discord
Eluvatar#8517
It has been brought to my attention that John Ashcroft Land, leader of the Poo Dynasty, was also leader of Durkadurkiranistan II. Durkadurkiranistan II of course illegally seized the Delegacy and ejected hundreds of innocent nations without warning, notification, or cause.

John Ashcroft Land broke his Regional Assembly oath when he did these actions, and in this post he describes them and his motivations in detail, under the name "The Poo Dynasty". Recently, John Ashcroft Land reapplied to the Regional Assembly, listing his nation as "The Poo Dynasty".

It would not be beneficial to the security of the North Pacific to admit him to the Regional Assembly, and he has not been charged with these crimes in our courts. It is time to do so.

I do not believe I will need longer than a week to gather additional evidence for this case. I expect evidence to include RMB logs, possibly screenshots from the time period submitted by witnesses, links to forum posts on this forum and others, as well as testimony from persons who witnessed the events.

I would suggest a schedule of interviews, open to the defense and the court, between the Attorney General's office and witnesses on IRC on Friday and Saturday between 0100 and 0300 UTC, if this is acceptable to the Court as valid under the Court Rules.
 

Flemingovia

TNPer
-
-
If it please the court I have been apponted by Durk (aka JAL, aka "The Accused" aka "that's him, i'm sure of it. The second one from the left. I would recognise the bastard anywhere. Where is my purse, you sonofabitch.") as his defence attourney.

Owing to the holiday season and the absence of key witnesses (not to mention myself) on holiday for a week, I request an adjournment of proceedings until a date not before 20th August 2011 (I put the year in to be sure: I know how slow things are in TNP).
 

Flemingovia

TNPer
-
-
Further, miluds, It is the intention of the defence team to conduct their examination of witnesses on this forum, so that proceedings can be as open as possible.

To speed matters we are happy to examine all our witnesses at once, directing questions to each as appropriate.

We reserve the right to call further witnesses later in the proceedings, but we petition the court to subpoena ad testificandum the following:

Felasia
Westwind
Ivan Moldavi
Emperor Matthius
Dalimbar
Shoeless Joe
Govindia
JAL
 
(Folks might want to look at the current Court rules of evidence and procedure (link). I believe this is the first criminal complaint to be filed since these rules were adopted.)
 

Topid

TNPer
@Flem: It is my understanding that by the rules Gross linked to we'll need to somehow know what each of those witnesses will say because we must only allow "relevant" evidence that is not "privileged", "prejudiced", or a "waste of time". And that they have "personal knowledge of the matter".

Probably off topic but I've seen entire regions operate on less complicated instructions. Those things are ridiculous but we have to follow them, IMO. So, this is going to take a lot of work from both sides. As such I don't oppose a motion to delay the trial till after August 20, however I request someone point me toward the rules which set out how a date of trial is determined.

As of now I see rules on 'expert witnesses' and other rules that seem entirely pointless, but nothing on time frame.
 

unibot

TNPer
@Flem: Relevant, adj. (16c) Logically connected and tending to prove or disprove a matter in issue; having appreciable probative value -- that is, rationally tending to persuade people of the probability of some alleged fact. 1

If I'm correct in my assumption of how you're going to use those testimonies as evidence, a law dictionary definition of 'relevant' is more appropriate than a common language dictionary. So I thought I'd drop you one if you didn't have one. :2c:

1. Black's Law Dictionary 1404 (9th ed. 2009).
 

Flemingovia

TNPer
-
-
I thank the court for your patience. August is a difficult time to conduct legal procedings.

The defence would like to ask the court on a point of order, who is overseeing this hearing? Thus far in this tread we have seen the following:

- Attourney General Eluvatar opened the complaint on behalf of the Regional Government.
- I responded on behalf of the defence team, requesting a delay and requesting that the court subpoena certain witnesses.
- This was accepted by Chief Justice Falconcats ("very well")
- Grosse, a member of the RA but nothing to do with the justice department intervened to direct me and others to the new court rules.
- Court Justice Torpid gave a ruling/opinion stating how I ought to continue as regards the calling of witnesses.
- Unibot, a member of the RA but nothing to do with the justice department intervened to give a legal definition of "relevant."

This is, I am sure, all very helpful but it is extremely confusing for the defence team. We are left in a degree of uncertainty as to who is actually in charge here. Perhaps it would be useful for the justice department to work that one out, then others could direct their helpful comments through that person.
 

Flemingovia

TNPer
-
-
I see. An answer that does not really get us anywhere.

Could the defence formally request that "the court" nominate one individual to oversee procedings and through whom comments and questions can be addressed?

This is, surely, not an unreasonable request.
 

Flemingovia

TNPer
-
-
Defence has no objection to the hearing being brought forward to 15th August.

My client is keen to demonstrate his loyalty to the Regional Assembly, begin a constructive career as a reformed and productive member of the region and put this sorry episode behind him.
 
if both parties agree i will hear arguments and i think for both sides to get prepared with opening arguments I believe we can start on the 23 of August.
 

Topid

TNPer
By the ridiculously complicated rules we have to hear the arguments before we can hear the arguments no? Because we have to be sure everything is relevant?
 

Flemingovia

TNPer
-
-
Your honour, the defence will be ready to go on 6th September.

We note that my Client's RA application is being held up by this trial and we regret that this delayed start makes it impossible for my client to vote in the current election cycle.
 

Govindia

TNPer
Ok, the last few posts have been split into a separate topic to prevent peanut gallery comments from interfering with court business.

Unless you are a specific party with legitimate reason to be involved in this thread (you're the AG, the lawyer or direct plaintiff, defendant aka Speaker of the RA, a court justice, or Admin), please do not post in this thread.

The court will hear this case and the trial will begin Tuesday, 6 Sept. Region v. John Ashcroft Land. The presiding judge will be Chief Justice FALCONKATS and the other two justices will be myself (Govindia) and Topid.

Court is adjourned until then or unless the Chief Justice rules differently.
 
Top