The North Pacific v. Mall

Hileville

TNPer
TNP Nation
Hileville
Discord
Dennrick#0489
The Court of the North Pacific is now in session and will hear the case of The North Pacific v. Govindia as filed by the Assistant Attorney General here.

Indictment:
arms.png
Indictment


In the name of the nations of The North Pacific, and as requested by the elected Delegate of The North Pacific, The Respublika of Zemnaya Svoboda, an indictment under The North Pacific Legal Code is filed against The Armed Republic of Mall, a known puppet of The Disputed Territories of Avir, the illegal occupant of the Delegacy of the region of Stargate, as follows:

It is alleged:

1. That a security treaty validly exists between The North Pacific and the region of Stargate, which was approved by the Regional Assembly on 7 June 2012, and which provides that:
Recognizing both Stargate and The North Pacific as pre founder regions, both with rich communities forged over time, and wishing to assure that both retain their history and community, we hereby adopt the following treaty.
1. The parties to this treaty are Stargate and The North Pacific.
2. The parties will recognize the constitutional governments in force at the time of ratification of this treaty as the sole legitimate governments of their respective regions.
3. The parties will not undermine one another through subterfuge, espionage, invasion, or any other means.
4. The parties will defend one another to the best of their ability on the request of the other party.
5. The parties will share any intelligence relevant to the defense of the other party.
6. A new treaty between the parties may override this treaty.
Signed,
Delegate Blue Wolf II of The North Pacific,
Commander of the SGC General Hammon

2. On information and belief, on 25 June 2012, The Disputed Territories of Avir in violation of the laws of the legitimate regional government of Stargate seized the Delegacy of that region.

3. Further, on or about the same date, the known puppet of The Disputer Territories of Avir, The Armed Republic of Mall, then present in The North Pacific, posted on The North Pacific’s Regional Message Board at Nationstates.net the message: "Totally just took over Stargate. Step one in my long line of plans to coup TNP. Watch your back Elu."

4. In making this statement, The Armed Republic of Mall is “taking arms or providing material support to a group or region for the purpose of undermining or overthrowing the lawful government of The North Pacific or any of its treatied allies as governed by the Constitution,” and more specifically, “no player maintaining a nation in a region or organization at war with TNP may maintain a nation within TNP, or participate in the governance thereof, for the duration of hostilities,” such action or actions constituting the crime of Treason, as defined in Chapter 1, Section 1.1 of the Legal Code.

5. Having committed the crime of treason, as defined under the Legal Code, The North Pacific demands that the punishment prescribed in Chapter 2, Clause 2 of The Legal Code, namely, “ejection and banning, and removal of any basic rights for whatever duration the Court sees fit,” be imposed upon The Armed Republic of Mall.

6. Pursuant to Chapter 3, Section 3.3, Clause 12 of the Legal Code, “[o]nce 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,” the Delegate has directed the filing of this indictment within six hours following his ejection of The Armed Republic of Mall. Upon information and belief, The Armed Republic of Mall has been informed by the Delegate or the Delegate’s designee of their rights.

7. Upon information and belief, pursuant to Chapter 3, Section 3.3, Clause 10, of the Legal Code, which provides that "[w]hen 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," upon information and belief, The North Pacific Government has informed all justices of the Court either by the Delegate or his designee.

9. Pursuant to Chapter 3, Section 3.3, Clause 11, of the Legal Code, which provides that "[a]ny Justice may approve or deny an indictment, and their decision will be final," this indictment is submitted for such approval.

10. The Attorney General gives notice that this office reserves the right to issue a superceding indictment, or to appoint a special prosecutor to represent The North Pacific in these proceedings.

Respectfully submitted,

[me],
Attorney General of The North Pacific
Representing the North Pacific will be Earth, Special Prosecutor.
Representing the Defendant will be Belschaft, Attorney for the Defendant.

Presiding over this case will be Hileville, Chief Justice and Trial Moderator, FALCKONCATS, Justice, and Blue Wolf II, Justice.

The Defendant is charged with Treason. The Defendant has 48 hours to enter a plea, at that time if no pleas is entered a default plea of "Not Guilty" will be entered for the Defendant. After this period has elapsed we will move into pretrial motions and the evidence discovery phase.

Mall, how do you plead?
 
The defendant declines to plead, as he does not recognize the right of this court to try him. The defence is of the opinion that entering any plea would only serve to legitimize this process, and would be taken as an admission on the part of my client that he exists within the jurisdiction of this court and can be tried by it, a claim that we contest.
 
I must notify the court that Defence Counsel has been unable to contact the Defendant since the eighth of July. We request a halt in proceedings until such time as I can do so.

Edit: I am now back in contact with my client. Should have given this another day before posting :blush:
 
The period for discovery is now over. The Prosecution has submitted two pieces of evidence to the Court via private message. The Prosecution has been directed to post that evidence in this thread and will be allowed to do so. After this the Court will hear arguments on the evidence. The start of this period will be announced by the Court within the next 24 hours.
 
The Prosecution would like to submit the below electronic evidence:


Screenshot taken 06/26/2012 at 12:07:08 AM


Screenshot taken 06/26/2012 at 12:13:38 AM
 
Thank you.

The arguing of the evidence may now begin. This phase of the trial will last 5 days and end on 7/24/12 @ 11:00pm EDT (3:00pm GMT).

EDIT: Due to confusion this period has been extended by 3 days and will now last until 7/72/12 @ 11:00pm EDT (3:00pm GMT).
 
The defence does not contest the evidence submitted by the prosecution, and asserts that it is indeed an accurate account of my clients statements.
 
The prosecution and defense have 3 days to present their case. At the end of that period this Court will convene and make a decision on the case.
 
As the prosecution has failed to either present their case within the allotted time period or request an extension the defence motions that all charges be dismissed.
 
Y'all know prefect;y well that except in the one area of OOC, spam is not permitted elsewhere on the forums.
Mall and Funkadelia, consider yourself cautioned. Next time its a 20% warning, per longstanding board policy.
 
Grosseschnauzer, with all due respect I disagree. Mall was just celebrating his victory. Funk was going along with it. I dont believe that was spam.
 
Tyler:
Grosseschnauzer, with all due respect I disagree. Mall was just celebrating his victory. Funk was going along with it. I dont believe that was spam.
No further discussion was needed.

Lets keep the chatter to a minimum please.
 
I received a report asserting there was spam; otherwise you would not have likely heard from me. I don't usually issue a warning for an initial report and my speaking at all was an informal "caution" and not a warning....and not all admin and global mods are as lenient as I am.
 
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