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| The People v. Stujenske, Feux, Pergamon, Milograd/Yao, and A Mean Old Man; Criminal Finding | |
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| Tweet Topic Started: May 16 2016, 04:38 PM (103 Views) | |
| Amerion | May 16 2016, 04:38 PM Post #1 |
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Supreme Leader of All Leaders in the Earth
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THE GRAND COURTOF THE HUMANE REPUBLIC OF LAZARUS Chief Justice Constie, Court Officials Amerion & Powthran The People v. Stujenske, Feux, Pergamon, Milograd/Yao, and A Mean Old Man [2016] GC 5 17 May 2016 As written by Amerion Prosecutor: The Church of Satan Defendants: Stujenske, Feux, Pergamon, Milograd/Yao, and A Mean Old Man On submission as a Criminal Complaint Alleged criminal conduct: Aggression, harassment, subversion, conspiracy, fraud, forum destruction, and desertment (desertion). Relevant sections: In declaratory judgment GC 2 2016, the Grand Court held that the crimes which the prosecutor alleges the individuals at question to be guilty of are under the purview of the Court. As a result, for the purpose of this case, the Court will reference the Codex of Lazarene Laws and Legal Protocols The relevant sections are:
The Prosecutor's submission: In April 2015, the then Chairman of the People's Republic of Lazarus Stujenske - hereby referred to as the PRL - altered the Constitution in a manner not permitted under his office in order to take complete control of the region and, with the help of the others named above, establish a new regime under the New Pacific Order hereby referred to as the NPO, thus subordinating Lazarus to The Pacific. Ratio decidendi: On April 15 2015, Yao created an onsite interregional forum embassy for the New Lazarene Order - hereby refereed to as the NLO - in which he listed the following nations as members of the Senate (government) of what was then the government of the NLO; (Emperor) Stujenske, (Regent) The Sweet Leaf, (Viceroy) Pergamon, (Senator) Milograd/Yao, Senator Kazmr, (Senator) Neo Kervoskia, and (Senator) Avakael. Evidence #1 In another instance, Yao posted a message of similar substance on the regional message board. Evidence #2 The following piece of evidence is an excerpt from the NLO's World Facebook Entry. Evidence #3 In a dispatch, Stujenske requested that World Assembly nations endorse certain nations, a majority of whom are accused parties in this case. Evidence #4 Notably, there was a number of flag changes made by the accused which point to collusion. Evidence #5 Based on these pieces of evidence, the Court finds that the accused acted as a cohort and as such, will judge accordingly. The Court will address each of the charges individually. (1) On the charge of aggression: The charge of aggression notes a military coup d'état as being inclusive of acts to exceed the endorsement cap without the Chairman's consent, attempting to lower the Chairman's and/or his or her endorsee's endorsement numbers. The Chairman at that time was Stujenske who remained the legal Chairman of the People's Republic of Lazarus until the plebiscite vote of no confidence concluded which resulted in his removal from office. Any action undertaken by the Chairman prior, which was within the mandate of the Chairman, is legal. The Court finds the accused not guilty of aggression (2) On the charge of harassment: The Court acknowledges limitations in its investigations. The Court could not access specific parts of what was then the primary forum of the PRL and cannot investigate that medium in relation to possible harassment. The Court is therefore confined to the onsite forum and the regional message board of Lazarus. In both modes of communication, the Court found instances of exchanges between nations belonging to both the NLO and the PRL-in-Exile which while being arguably heated in their content, do not satisfy the term harassment as it is defined. The Court did not locate a specific message lodged by the accused which could reasonably be concluded to be an intimidating, pressuring or an attacking post. The Court finds the accused not guilty of harassment. (3) On the charge of subversion: The actions undertaken by the accused is considered to have intentionally aided the NPO. However, this region was not, at the time, a region which the PRL acknowledged itself to have been at war with. As such, in relation to aiding and abetting a foreign enemy entity, the accused is not guilty. The Court interprets the interests of a region as being first and foremost to be a fulfilment of the social contract between the government and it's people. This interests is often enumerated in a constitution of a region and as such, is an embodiment of the region and its interests. In editing/removing key sections of the Mandate without proceeding through the proper procedures is a violation of the document and hence is found by this Court to be acting against the interests of the region. The Court finds the accused guilty of subversion. (4) On the charge of conspiracy: The Court notes that with an announcement by A Mean Old Man establishing the New Lazarene Order and acknowledging the link between this action and the NPO (of which flag was duplicated with a change in emblem, in the NLO), there is reason to believe that the establishment of the NLO in Lazarus directly involved certain members of the NPO as well as the accused. The quickness of the NLO and the NPO in coordinating statements of similar substance and undertaking actions geared towards similar purposes, convinces this Court that a degree of collusion between the two parties were evident before the declaration of the NLO’s creation. The Court finds the accused guilty of conspiracy. (5) On the charge of fraud: The accused did not attempt to deceive the public as to the intention of their actions and the establishment of the NLO. Multiple postings were located which announced the change in government. There are no reasonable grounds to state with certainty that fraud was committed. The Court finds the accused not guilty of fraud. (6) On the charge of forum destruction: The Court considers the unilateral amendment of the Mandate without following proper procedure to constitute forum destruction as substantial loss of information was incurred at the hands of the accused. The Court finds the accused guilty of forum destruction. (7) On the charge of desertion: The Court recognizes the Mandate as the central tenant upon which the region is founded on and acknowledges that it is the duty of all, including the accused, to preserve the Mandate and the system which it establishes. The failure of the accused to uphold their constitutional duties, defend the PRL against foreign actors, and indeed, act against the PRL, is a serious breach and one which is categorized under desertion. The Court finds the accused guilty of desertion. Ruling: On charges of aggression, harassment, and fraud, the Court finds the accused not guilty. On charges of subversion, conspiracy, forum destruction, and desertion, the Court finds the accused guilty. The Court sentences the accused to the recommended punishment prescribed by the Codex, banishment from forum and in-game region. The Court orders the Sovereign and the forum administration to apply this ruling. The Court will decide on whether or not to hear motions of re-trial should substantial and compelling evidence be brought before this court in the future. Edit: Correction of date of judgement. Edited by Amerion, May 16 2016, 04:43 PM.
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