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The North Pacific v. The Swedish Republic of New Kenya
The Court is now in session and will hear the case of The North Pacific v. The Swedish Republic of New Kenya as filed by Guy, Deputy Attorney General of The North Pacific.
Indictment:Indictment
Defendant: The Swedish Republic of New Kenya
Complaining Party: The North Pacific
The Office of the Attorney General requests that the Court issue an indictment charging New Kenya with the crimes of: Treason, Fraud, Gross Misconduct, Conspiracy to Commit Treason, Conspiracy to Commit Fraud, and Conspiracy to Commit Gross Misconduct.
Statement of Facts
Swedish Republic of New Kenya ('New Kenya'), registered on these forums as tSRoNK, has committed multiple offenses against the Criminal Code of TNP in the course of attempting to subvert its democratic governance. New Kenya is currently a resident of TNP.
In January, New Kenya, at the time a citizen of TNP, applied for membership in the North Pacific Armed Forces (NPA). New Kenya took the required oath, which states:
Although New Kenya lost their citizenship on March 8th due to insufficient forum activity, their membership in the NPA remained active and ongoing.I, _________ request to join The North Pacific Army. I pledge to serve our regions security and military interests, both at home and abroad. I pledge to obey all military rules and laws, as well as the laws of The North Pacific in my service in the military. I pledge to respect the chain of command and my fellow officers at all times. I pledge my loyalty to the North Pacific Region, our people, and our government.
In June, New Kenya engaged Pierconium, at the time Delegate of The Pacific, in a telegram exchange (see Telegram Exchange #1). New Kenya attempted to reach an agreement with Pierconium regarding a plan for New Kenya to win the Delegacy in the May 2016 elections for delegate, and, following that, to transform The North Pacific into, in New Kenya's words, "being one of [their] satellite regions". In order to succeed in gaining the Delegacy, New Kenya suggested that the election should be "flooded with votes". Pierconium promptly presented this information to TNP's security apparatus.
In August, New Kenya later made a similar offer to Aleisyr, who was not a citizen of TNP (Telegram Exchange #2). Again, New Kenya's plan was to stand in the September 2016 elections for Delegate, and should he win, serve as merely a figurehead while Aleisyr would act as the "true ruler".
From these two conversations, it seems clear to this office that New Kenya viewed these two nations - Pierconium and Aleisyr - as potential co-conspirators in a plot against the TNP government, and sought to enlist them as allies in preparation for seizing the delegacy.
Applicable Law
2. "Treason" is defined as 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.12. "Fraud" is defined as an intentional deception, by falsehood or omission, made for some benefit or to damage another individual.23. "Gross Misconduct" is defined as the violation of an individual's legally mandated sworn oath, either willfully or through negligence.22. "Conspiracy" is defined as planning, attempting, or helping to commit any crime under this criminal code.
With respect to these clauses, we contend the following:
Supporting Evidence
- That seeking to use one's nation in a coup against TNP constitutes taking up arms against her lawful government, and that offering one's nation to someone presumed or known to be an enemy of TNP in that same purpose constitutes the provision of material support for the purpose of undermining or overthrowing that government, even if the plotted coup does not materialize. Ergo, we contend that New Kenya committed Treason against TNP.
- That by holding citizenship and NPA membership under false pretenses, by intentionally swearing an oath that they did not intend to keep, with the ultimate goal of overthrowing this government, New Kenya committed Fraud.
- That by planning to overthrow the government of TNP, in violation of their sworn oaths as a citizen and as a member of the NPA, Kenya committed Gross Misconduct.
Conclusion and Recommendation
We believe the court will find in this request for an indictment sufficient evidence of malfeasance to justify charging New Kenya with the crimes we have laid out.
We also believe that even if the Court finds, contrary to our arguments, that New Kenya's crimes do not fit all three descriptions found in the Legal Code, that there will remain sufficient evidence for this office to prove beyond reasonable doubt tat New Kenya planned and attempted to commit all three. Therefore, we strongly recommend and request that New Kenya be additionally charged with three counts of Conspiracy - Conspiracy to Commit Treason, Conspiracy to Commit Fraud, and Conspiracy to Commit Gross Misconduct.
Signed,
Guy
Representing The North Pacific are SillyString, Attorney General, and Guy, Deputy Attorney General.
Representing The Swedish Republic of New Kenya will be flemingovia, Attorney for the Defendant.
Presiding of over this case as Moderating Justice will be Eluvatar, Chief Justice.
The Defendant is charged with Treason, Fraud, Gross Misconduct, and Conspiracy to commit the same crimes.
The Defendant will have 72 hours from the opening of the thread to enter a plea. If at that time no plea has been entered, a default plea of "Not Guilty" will be entered for the Defendant.
The Swedish Republic of New Kenya plead not guilty
Timetable
- Plea Submission - 2016-10-05 - 2016-10-06
- Evidence Submission - 2016-10-06 - 2016-10-22
- Recess - 2016-10-23 - 2016-11-02
- Evidence Submission - 2016-11-03
- Argumentation - 2016-11-04 - 2016-11-06
- Deliberation - 2016-11-06 - 2016-11-10
Witnesses
- The Swedish Republic of New Kenya (named by the Defense, cross-examination requested)
- Pierconium (named by the Defense as 'hostile' -- assumed to be Prosecution's witness as they have provided evidence for the Prosecution)
- Aleisyr (named by the Defense as 'hostile' -- assumed to be Prosecution's witness as they have provided evidence for the Prosecution)
- Lord Ravenclaw (named by the Defense)