Appeal of Ejection and Banning

Belschaft

Belschaft

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Belschaft
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From the Office of Belschaft, Attorney at Law, on the behalf of Mallorea and Riva​

At approximately 5:30PM on the 25th of June my client, Mallorea and Riva, specifically his nation Mall, was ejected and banned from The North Pacific. It is the belief of the plaintiff that this action constituted a gross violation of his civil rights.

Whilst my client has been indicted and charged with treason he has not, at this time, been convicted of such an offence. Whilst the Legal Code at this time allows for the ejection of banning of a nation from the region pending a trial, specifically in Chapter 3, Section 3.3, it is the belief of the plaintiff that this contradicts the Bill of Rights. This states that 'In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence'. The application of the criminal sentence of the charges my client faces, namely 'ejection and banning' (as set out in Chapter 2.2 of the Legal Code), prior to a trial and criminal conviction is a clear breach of this right, and is highly prejudicial. There has been no presumption of innocence, and my client has had the designated sentence of his the crime he is accused of extra-judicially imposed.

As such, I formally appeal the ejection and banning of the nation of Mall from the region.
 
If it please the court, If memory serves a number of the arguments advanced by Belschaft were tested by the court in the case of TNP vs Fullhead Land, and dismissed on that occasion, creating precedent. Perhaps the counsel for Mallorrrrrrea and Riva ought to read through that trial before making his arguments?
 
flemingovia:
If it please the court, If memory serves a number of the arguments advanced by Belschaft were tested by the court in the case of TNP vs Fullhead Land, and dismissed on that occasion, creating precedent. Perhaps the counsel for Mallorrrrrrea and Riva ought to read through that trial before making his arguments?
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Don't we have some sort of rule against cruel and unusual punishment?
 
flemingovia:
If it please the court, If memory serves a number of the arguments advanced by Belschaft were tested by the court in the case of TNP vs Fullhead Land, and dismissed on that occasion, creating precedent. Perhaps the counsel for Mallorrrrrrea and Riva ought to read through that trial before making his arguments?
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I am inclined to point out to the honourable administrator that I do not have access to such a ruling, and did not know such a case existed until... now. See, when you decide to try people from outside the region, you may find yourself in the situation where they do not have an exhaustive knowledge of the case history in the region. And in this case, the same applies to the accused's counsel.
 
Zemnaya Svoboda:
flemingovia:
If it please the court, If memory serves a number of the arguments advanced by Belschaft were tested by the court in the case of TNP vs Fullhead Land, and dismissed on that occasion, creating precedent. Perhaps the counsel for Mallorrrrrrea and Riva ought to read through that trial before making his arguments?
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Don't we have some sort of rule against cruel and unusual punishment?
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:lol:

If the court so orders I am sure we can give Bel access to the court archives.

I have pointed out to him that TNP v JAL, TNP v Matty and TNP v Blue Wolf, and the surrounding discussion threads may well provide some illumination to him as to how non-citizens and non-RA members are treated under TNP Law.
 
Please give Belchaft access to the Court Public Archives. also it should be noted that previous precedent will be examined by the.Court to determine if it still applies as we are one under a different legal code.
 
This request is dismissed as in order to appeal an ejection a Criminal Trial will first be had. As per the Legal Code:

Section 3.3: Criminal Trial Procedure
10. When seeking an indictment to eject or ban, or expel from the RA due to oath violation, pending a trial, the Government must inform all the Justices.
11. Any Justice may approve or deny an indictment, and their decision will be final.
12. Once an ejection is performed, the Government must notify the ejected nation of their rights within one hour, and publicly submit a criminal proceeding to the court within six hours.
13. Once a criminal proceeding is presented, the defendant will have 48 hours to enter a plea, or a plea of "Not Guilty" may be entered for them.
14. Once a plea is entered, a period of time set by the Court for the discovery of evidence and witness testimony will begin. This period is normally 7 days.
15. Once discovery ends a period of time for arguments on the evidence and law will begin, its duration set by the Court. This period is normally 5 days.
16. During discovery and arguments, either side may make objections or requests publicly on the forum.
17. Once arguments end, the Court will have 72 hours to decide on a verdict and, if necessary, sentence.
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It is this Courts understanding that this matter will be decided on the upcoming criminal proceedings. The Court would also like to note that if you should want this Court to examine the legality of the relevant section of the Legal Code when compared to the Bill of Rights you should submit a Request for Review not an appeal.
 
Speaking as Forum Administrator.

Ironically, Mall may have to be given a regular TNP citizen mask in order to look at the Court archives.

As to his counsel that will depend on whether his counsel has a TNP nation, or is, in effect acting as a foreign envoy based in Stargate or some other region. (I don't know where y'all are coming from, but if there's a valid basis for access as a foreign envoy, then I believe archival access would only require adding an existing permission.
 
And this would be part of the reference to the special prosecutor, Earth since I too view it as part of the criminal proceedings that were filed first on this matter.
 
Grosseschnauzer:
And this would be part of the reference to the special prosecutor, Earth since I too view it as part of the criminal proceedings that were filed first on this matter.
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Earth was never appointed such a role...
 
Grosseschnauzer:
Speaking as Forum Administrator.

Ironically, Mall may have to be given a regular TNP citizen mask in order to look at the Court archives.

As to his counsel that will depend on whether his counsel has a TNP nation, or is, in effect acting as a foreign envoy based in Stargate or some other region. (I don't know where y'all are coming from, but if there's a valid basis for access as a foreign envoy, then I believe archival access would only require adding an existing permission.
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I do not have a nation in TNP at this time. I have nations in TSP, EID, TP, Euro, Kyzikos, Concosia, and a number of other places I do not feel like revealing.

I would argue that there is a valid basis for providing archival access to myself and Mall, on the grounds that the defence cannot operate without such access. If, for whatever reason, that is not deemed acceptable I would have to discuss this matter with my client before proceeding further.
 
If there is no current way to provide access then create a new permission that allows them to see the archive. I agree with Belschaft as to the importance of having said access.
 
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