Gracius Maximus:
Thank you for being willing to stand for one of the most thankless jobs here in TNP.
I have a couple of questions (that I will be posing to all Justice candidates):
1. What is your legal opinion of the
last criminal trial held before the Court?
2. What is (at least) one thing from the ruling and/or process that you agree with?
3. What is (at least) one thing from the ruling and/or process that you disagree with?
Thank you.
1. My legal opinion is that Tomb appointed a team that didn't represent him well. In TNP we do not have trained legal representatives so I do not feel the court is compelled whatsoever to ensure the quality of representation chosen by defendants or complainants whichever the case may be.
The Bill of Rights state - "A Nation may be represented by any counsel of the Nation's choosing." and Tomb chose RPI (it seems) and also added "I hereby name: Mall, Belscaht, and Romanoffia as my defense counsel."
Thus naming his defense team Tomb exercised his Right under the Bill of Rights and those selections were recognized by the Court. Tomb further clarified this point in saying:
I wish to make it known first of all that I have composed a defense counsel that will be representing me as my Attorneys. In addition to that, I do want to make it apparent that I have cancelled my Leave of Absence due to inclement weather in the Honduras that could probably hinder my missionary group's activities. So therefore, the court may start the case procedures at their pleasure.
emphasis added.
However, after this fairly active participation by the defendant, he and his defense team dropped off the map. The prosecution presented it's case and it should be made clear that Nations are innocent until proven guilty. Were I Justice on the court at that time, I do agree with the court that the prosecution presented sufficient evidence that a crime had been committed. Defense remained silent and presented no counter evidence.
So the question is, was the court obligated to ensure that the defense had an "adequate" (it's difficult to define this term) and to that I say no. I say a hell no, actually.
Nations are free to do as they please and Tomb chose his team and that team represented him poorly. Should a court be compelled to ensure defense counsel are competent or not continue proceedings or worse still find defendants not guilty due to attorney incompetence? I don't think so.
Instead, I agree with the Court's decision and would have done the same.
2. As stated above, I agree with the ruling. I don't feel it warrants further elucidation.
3. I'm not sure this is a disagreement but more of an administrative thing. Plemboria stated he would contact the defendant and counsel (I'm sure he did), but I think I would have gone a step further and let the record reflect the content and number of times contact was attempted. Additionally, I would have clarified that naming counsel and then not appearing is not an adequate defense. I believe the court should have ruled on the matter. While precedent was set, no guidelines were really established and I think the court could have done a little better in establishing its reasoning for not delaying the proceeding and eventually coming to a verdict.
I hope this answers your questions.