Deposition of 9003 - The North Pacific v St George

Vivanco

Vivanco

Legal Nerd? Yeah, that's me
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This thread shall be used for witness deposition of @9003 in the trial The North Pacific v St George.

Per the Court Rules and Procedures:

1. The witness must make the following oath before questioning can begin: "I swear to tell the truth, the whole truth, and nothing but the truth."

2. Any Justice may moderate this deposition.

3. Questioning will proceed in the following order until both sides have exhausted their questions:
a. Prosecution may ask their questions and any follow-ups.
b. Defense will have the opportunity to object to the asked questions.
c. Moderating Justice will rule on any objections.
d. Witness will answer the questions, if no objections or they are overruled.
e. When prosecution questions and follow-ups are exhausted, defense may ask their questions and any follow-ups.
f. Prosecution will have the opportunity to object to the asked questions.
g. Moderating Justice will rule on any objections.
h. Witness will answer the questions, if no objections or they are overruled.
i. Return to a, if needed.

4. At conclusion of questioning, the Moderating Justice shall publish the official record of the deposition in the trial thread.
 
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I swear to tell the truth, the whole truth, and nothing but the truth
 
Right then @9003, if you could answer the following questions (after any objections from the Defense) about evidence pieces C.1 and C.2 in the linked post:
forum.thenorthpacific.org

The North Pacific v St George

The Court is now in session and will hear the case of The North Pacific v. St George. Indictment I bring forward the following charge(s) holding that all the below is true and honest to the best of my belief. Name of Complainant: 9003 Name(s) of Accused: St George Date(s) of Alleged...
forum.thenorthpacific.org forum.thenorthpacific.org

1. Are the quotes in question accurate to the same messages on Discord?

2. To the best of your knowledge, were those messages sent by the Defendant?
 
Your honour,

We respectfully request that the witness be reminded to not answer questions until the defence has stated whether or not we object. The instructions were given by the prosecutor and promptly ignored by the witness. While there are timezones involved and people do have commitments outside of NationStates that must be taken into consideration, it is unreasonable that we were given very little time to object to the question. Without this consideration being given, this will not be a fair trial for our client.

Secondly, we do object to the inclusion of the evidence from the discord channel. These are clearly out of character statements and are irrelevant to the matter of gross misconduct which is an in character offence and action. If in fact these matters were an issue for the witness, it would be appropriate for them to be handled by administration under article 7 of the constitutionor moderation who are responsible for enforcement of terms of service and use and are not within the remit of this court.
 
In regards to the second point, Gross Misconduct is about the violation of one's oath (in this case of office), which reads part, with the important bit bolded:

"I will use the powers and rights granted to me through The North Pacific Constitution and Legal Code in a legal, responsible, and unbiased manner, not abusing my power, committing misfeasance, malfeasance, or nonfeasance in office, in any gross or excessive manner."

Evidence of messages from the Defendant indicating a personal dislike of Wonderess is clearly relevant in establishing evidence of bias on the part of the Defendant. Evidence of out of character statements indicating the views of the Defendant about Wonderess in regards to an in character action are perfectly relevant, given that the accusation is action against Wonderess (or rather, lack of action given to every other would-be citizen). Similarly, while any hypothetical punishment of the Defendant for those messages is indeed up to the administration of the Discord, use of those same messages of evidence does not at all violate that, as my use of such is for the purposes of establishing bias in a violation of oath instead of punishment for them.
 
With the first point, while it is indeed not great that the witness posted prior to any objections, should those be upheld the Moderating Justice can simply not include the answers in the official deposition record.
 
The defense's statement respective to the answers by the witness are correct. For the reason of difference of time zones we have until the 7th for Evidence Submission.
The witness will hold on answering before the defense states if it objects or not to the question at hand.

In regards to the objection by the defense, said objection may be done in the main thread of the case at hand, since it is an objection about evidence submission, and not an objection to the asked questions.
In the Court Rules and Procedures, it states the following, bolded my me:
Defense will have the opportunity to object to the asked questions.
Click to expand...
The object of objection is not the asked question. For that, in this deposition, it will be overruled.

I request the Defense that for these objections, to make them in the general thread for the trial.
 
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If your honour is referring to the first two question asked, then we have no objection to those questions only the manner in which they were answered.
 
With this, the witness will have to answer again since no question was objected or withdrawn.
The prior answer will be striked and not taken into account for the record of this disposition. The next answer will.
You may post the answer again, @9003 . Please keep in mind the prior warning for the next answer.
 
my apologizes, going forward I will wait for a ping from yourself to know that I am in the clear to answer a question as that should give both parties ample time to object.

1. Are the quotes in question accurate to the same messages on Discord? Yes they are the same message as sent on Discord.

2. To the best of your knowledge, were those messages sent by the Defendant? Yes they where sent by the Defendant to the best of my knowledge.
 
The Defense may question the witness or formulate any follow-ups.
 
My relationship with the defendant is little more then he serves as the speaker for the region. The locations he frequents are areas of TNP I don't frequent much but have access to such as the agora in TNP gen and the real life channel. As for our shared space on the regional halls, I have engaged the defendant in debate before the most recent being a question about blue day voting.
 
The above comments I did not see until they where mentioned here as I do not read the real life channel unless told there is something I need to see there. nor pretend to know what is and what isn't out of line there and was under the assumption that any comment made would have been reported by people already.
 
@9003 I remind you that you that you under oath. You also filed the complaint, which included the comments. Can you clarify why you have now stated that you were unaware of the discord comments?
 
The question was entered after the end of the evidence submission period and will not be taken to account.
The deposition is concluded for the end of the scheduled period. The official record will be posted in the trial thread in due course.
 
Under request of the prosecution, this deposition will be re-open.
The order will resume where it was closed for the official record and the defense may enter their questions again. @Mall @mcmasterdonia
 
This deposition, after the court's deliberation on the motion presented by the defense, will be closed again.
 
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