[CIVIL] Complaint by Gracius Maximus

Gracius Maximus

Tyrant (Ret.)
Name of Plaintiff: The Minister, leader of Gracius Maximus

Name(s) of Defendant: Jaime, Delegate of The North Pacific

Date(s) of Alleged Offense(s): 17 July 2013

Specific Offense(s):

The Delegate nation sought to infringe upon the Minister's rights to fair and equal treatment under the Bill of Rights and Constitution by leveling spurious criminal accusations against his nation during the Justice Election cycle. This led directly to his loss of at least one vote in the election, possibly others. The Minister contends that without this breach of trust between the Delegate and a member of the Regional Assembly the election outcome might have been different.

Relevant Excerpts from Legal Code or other Laws:


The Bill of Rights:
2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under the Constitution.

5. All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the recall of any official of a government authority of the region in accordance with the Constitution, that is deemed to have participated in such acts.

9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of the Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.

10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.
While The Minister advocates no direct influence over the accused nation within the region of Osiris, he still maintains that the Bill of Rights would support such a claim were it proven to be accurate:

The Bill of Rights:
4. No Nation of The North Pacific holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a WA member.
Summary of Events (What happened, in your own words):

On 17 July 2013 the Delegate posted this Criminal Complaint against The Minister, accusing him of being in another region and performing an act of treason. This led to one nation switching its vote from Gracius Maximus to Funkadelia, thus providing a 2 vote swing in the favor of the latter in relation to the former. This differentiation would have resulted in at least a tie for the third Justice position between Funkadelia and Malashaan. Further, it is reasonable to conclude that other nations that would likely have voted for The Minister, but who did not express their displeasure publicly as Ash did, thus resulting in an alternative format of the Court.

At no point did the Delegate provide any evidence to support his allegation, as is required within the directions for pursuing a Criminal Complaint. At no point did any nation step forward to substantiate this baseless claim. It was malicious and was intended solely to disrupt The Minister's bid for election to the Court of The North Pacific. The timing of this allegation without merit could serve no other purpose.


Evidentiary Submissions:

http://forum.thenorthpacific.org/topic/7080764/1/

Comments:

The Minister is well aware that no action can be taken by the Court against the Delegate. The Minister is further aware that pursuing this as a complaint against the election itself would serve no purpose but to disrupt the ongoings of the Court and the region as a whole. This civil complain is meant primarily to voice what The Minister sees as a very real concern regarding the malicious conduct of the Delegate in regards to making certain politically agreeable nations serve on the Court. Or at least that politically disagreeable nations do not. The Minister was served an injustice by the Delegate under TNP law and the failure of the system, which he spoke against in his campaign, in having no active AG, proved his undoing in the election. Bravo to Jamie for manipulating the legal system in order to exclude an active nation from the Court. I assume similar action will be undertaken in any future elections for which The Minister seeks to stand as well so long as the Court and AG permit nations, regardless of rank or standing in the region, to disregard the civil rights of others.

To clarify, I do believe a criminal case could be made in this regard. I believe the Delegate intentionally made a baseless charge against The Minister in order to thwart his election campaign. I believe this was a fraudulent act and that the Delegate has gotten away with a crime. I believe a willful deception of citizens took place with regards to The Minister and his campaign. But, I am The Minister so Justice doesn't apply to me in TNP evidently. Good show.

Legal Code:
Section 1.3: Fraud
8. "Election fraud" is defined as the willful deception of citizens with regards to the candidates running, the time and venue of the elections, or the requirements and methods by which one may be eligible to vote or run for office.
9. “Fraud” is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.
 

Flemingovia

TNPer
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This case reminds me of the CASE I BROUGHT AGINST IRO EARLIER THIS YEAR (CLICKY) Although some of the details are different, the thinking of the then Attorney General Gaspo around this case, which was accepted by the court, may be of interest in this case, and save the court time.

In particular, in that case, Gaspo argued that the proper recourse for complaints like this was recall rather than litigation.
 

Gracius Maximus

Tyrant (Ret.)
Since the prospect of a recall being successful are very slim, I felt it best to at least provide my complaint to the Court. Some in this region are above the law.

Also, in this instance there is criminal process available and relevant, whereas the case you cite included no such indications.
 

Ash

TNPer
Can I file a civil complaint against Gracius Maximus for being a total dbag during the election?
 

Gracius Maximus

Tyrant (Ret.)
Ash:
Can I file a civil complaint against Gracius Maximus for being a total dbag during the election?
Only during the election? I must be getting soft in my old age.

Regardless, you specifically linked the complaint by the Delegate as the reason for your change of vote, not my pleasant demeanor.
 
While we are aware that The Minister is required to present his own case in the prosecution of a Civil Complaint, the legal offices of Pierconium Propaganda Industries wishes to inform the Attorney General's Office of its intent to act as consultant throughout the proceedings.
 

Ash

TNPer
Democratic Donkeys:
Ash:
Can I file a civil complaint against Gracius Maximus for being a total dbag during the election?
Unnecessary, and approaching moderator action.
DD, I apologize for the way in which I phrased that. I shall endeavor to be more classy in the future. If Gracius Maximus is basing this civil complaint at least in part on my decision to change my vote, then I feel it necessary to further clarify my reasoning for doing so. Please allow me some time to review the election threads so that I may respond more fully.
 

Gracius Maximus

Tyrant (Ret.)
Ash:
Democratic Donkeys:
Ash:
Can I file a civil complaint against Gracius Maximus for being a total dbag during the election?
Unnecessary, and approaching moderator action.
DD, I apologize for the way in which I phrased that. I shall endeavor to be more classy in the future. If Gracius Maximus is basing this civil complaint at least in part on my decision to change my vote, then I feel it necessary to further clarify my reasoning for doing so. Please allow me some time to review the election threads so that I may respond more fully.
Ash's statement that its vote was changed after reading the Criminal Complaint thread.
 

punk d

TNPer
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Case reopened.

The AG is not compelled to represent the plaintiff in this case, but I will be assisting the plaintiff to get this to the right place so that his arguments can be heard.
 
Thank you. My client is aware that the only point of action on the part of the Attorney General's Office is the filing of a civil indictment following the formal complaint and we are prepared to present our case as necessary before the Court.
 
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