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- Request for Civil Inquiry
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| Request for Civil Inquiry; Alunya v Loftegen | |
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| Tweet Topic Started: Nov 4 2016, 07:40 AM (725 Views) | |
| Alunya | Nov 4 2016, 07:40 AM Post #1 |
Cat
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Complainant: Alunya Accused: Loftegen Offence: Harrassment (Unified Legal Code - Civil Code of the Republic of Lazarus, Article I, Section 1, Clause (b).) Summary of Events: On the evening of Sunday, October 30, 2016, the complainant Alunya briefly played the minigame Z-Day by researching hordes of zombies and subsequently unleashing them upon other residents of Lazarus. Alunya did so again in the early morning hours of Monday, October 31, 2016. While this may not be a popular way to play this minigame, it is not illegal nor a violation of RMB policies. On the morning of Monday, October 31, between 9:15 and 9:30 AM PDT, as the complainant Alunya was preparing to log on for another round of play, he noticed in the Regional Happenings that the nation [nation]Funkadelia[/nation] was ejected from Lazarus by Loftegen. Shortly thereafter a post from Loftegen appeared on the Regional Message Board stating that, "Horde Spammers will be ejected." A subsequent check of the Regional Happenings for ejections revealed that Loftegen had already ejected a number of (presumed) Horde Spammers. The complainant Alunya is well aware that under Mandate 9, Article II, Clause 4, "No person may be banned or ejected from the region without being publicly charged with a crime unless they have violated the rules of NationStates or the policies of the Regional Message Board." He is also aware that Loftegen is a Court Official who should be familiar with the Constitution and laws of the Humane Republic of Lazarus. He assumes that as a Court Official Loftegen has sworn an oath to "pledge my loyalty to Lazarus and her people, whose democratic beliefs I share, whose rights and liberties I respect, and whose laws I will uphold and obey." That the accused Loftegen was contravening the law gave pause to the complainant Alunya, who decided that discretion was the better part of valor, and declined to log on to play the minigame Z-Day as he had intended. A check of the activity levels of other officials in the Lazarene government indicated that none others were active, so there was no one but Loftegen to appeal to for redress. The threats made, and the follow through in ejections, were deemed by Alunya to be credible. Both Powthran and Funkadelia, well known and respected members of Lazarus, had already been ejected by Loftegen. Alunya felt that asking Loftegen not to eject him would likely result in summary ejection for being a Horde Spammer. As Alunya has been seeking to attain citizenship under Mandate 9, Article I, Section 2 since March 3, 2016, an ejection by Loftegen would eliminate almost 8 months of time served as a law-abiding, Sovereign-endorsing WA nation. Unlike a citizen, who is protected from loss of citizenship in the event of an involuntary departure from Lazarus, the complainant Alunya is afforded no similar protection in the event of an unwarranted and illegal ejection. Having already unleashed hordes of zombies, the complainant Alunya felt threatened by Loftegen's outright aggression against other Horde Spammers, and intimidated by his threat to eject the same, Alunya ceased playing the minigame as the accused intended. The complainant Alunya was fearful that Loftegen might discover Alunya's horde spamming, distressed that he might subsequently be ejected without any recourse, and discomforted that he would have to start all over anew, either in Lazarus or another region. Subsequent discover of evidence gathered for this complaint shows that Loftegen made earlier and additional threats against Horde Spammers, and carried out further ejections until he was stripped of Border Control by then-Sovereign Benevolent Thomas. Every ejection was of a nation that had unleashed hordes of zombies. Preliminary Evidence: Evidence that Alunya unleashed hordes of zombies Twelve (12) screenshots Evidence of threat from Loftegen to Alunya et al as members of the class of Horde Spammers Screenshot taken Nov. 1, 2016 at 9:32 AM PDT Evidence of all threats from Loftegen to Horde Spammers as a class Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:30 AM PDT Screenshot taken Nov. 1, 2016 at 9:29 AM PDT Screenshot taken Nov. 1, 2016 at 9:29 AM PDT Screenshot taken Nov. 1, 2016 at 9:28 AM PDT Evidence that Loftegen ejected nations Screenshot taken Nov. 1, 2016 at 9:16 AM PDT Screenshot taken Nov. 1, 2016 at 9:25 AM PDT Evidence that nations ejected by Loftegen unleashed hordes of zombies The nineteen (19) nations ejected by Loftegen Evidence that Alunya has long sought citizenship under Mandate 9, Article I, Section 2 Original RMB statement of intent to seek citizenship by Mandate 9, Article I, Section 2 RMB post regarding anticipated date of citizenship Additional Notes: The complainant Alunya does not bring this matter to the Court's attention lightly. He is well aware that Loftegen is a popular figure, and that the Court, Government, and indeed the community of Lazarenes may be predisposed to close ranks to protect him. Alunya is also aware that as a resident, he is not permitted to make a criminal complaint nor a legal inquiry. As a wronged party, however, he is entitled to file a civil complaint. This should not be construed as an end-around; Alunya was harrassed by Loftegen (as were other Horde Spammers). He asks the Court to consider this complaint strictly in that light. Finally, although the evidence presented is strong enough to support a recall, or possibly a criminal complaint, Alunya makes no attempt to persuade or dissuade others from pursuing those avenues. He seeks only some form of redress for the harrassment he has endured.[edit_reason]Spelling errors[/edit_reason] Edited by Alunya, Nov 4 2016, 01:34 PM.
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| The Church of Satan | Nov 16 2016, 07:59 PM Post #21 |
I HAVE CHORTLES!
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Harassment is a Tier 1 offense and the recommended punishment is a warning increase of 2 levels. So at the very least, probably that but of course nothing is decided yet. |
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| Frankender | Nov 16 2016, 11:48 PM Post #22 |
Hawk
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Having an even number of justices also creates gridlock. |
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| The Church of Satan | Nov 17 2016, 12:23 AM Post #23 |
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I HAVE CHORTLES!
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Yes, which is why 3 justices are required to preside over any case. Even if there were more than 3 justices only 3 can preside over any one case. |
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| Powthran | Nov 17 2016, 03:12 AM Post #24 |
Lazarene
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I am with Frankender on this one. There is no requirement that three justices and only three justices decide on a case, only that the court have three justices appointed. Having one of the justices recuse themselves doesn't mean we need to appoint another justice.
I don't see anywhere in the Constitution where it says this. This is what it actually says. (1) The Grand Court shall be composed of at least three Court Officials, though a greater number may be established by law (6) The Grand Court shall make its rulings by a majority vote of its membership. And as for the split vote for only having two justices, to me that would just default to not guilty. |
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| The Church of Satan | Nov 17 2016, 08:30 AM Post #25 |
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I HAVE CHORTLES!
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Article 2 Section 2 of the Unified Legal Code states:
All criminal, civil and legal inquiries are judicial inquiries as stated by the Unified Legal Code. |
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| Alunya | Nov 17 2016, 12:51 PM Post #26 |
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Cat
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I must inform the Court that, based upon the charge levelled at the accused, the Penal Code of the Repubic of Lazarus classifies the charge as a Tier II offense. Penal Code of the Republic of Lazarus
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| The Church of Satan | Nov 17 2016, 05:14 PM Post #27 |
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I HAVE CHORTLES!
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Ah, my mistake. I must have gotten it mixed up. |
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| Loftegen | Nov 27 2016, 04:22 PM Post #28 |
Supreme Autocrat
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To facilitate a speedy trial, I'm willing to have the case heard by just Frank and CoS; I'm conifdent they will redender fair and impartial justice before the law; I'm also confident of my defense. |
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| The Church of Satan | Nov 28 2016, 06:48 AM Post #29 |
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I HAVE CHORTLES!
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The law is clear. Three judges are required, no exceptions. |
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| Funkadelia | Nov 28 2016, 07:49 AM Post #30 |
 
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This is common practice in most liberal democracies. |
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