People v Nekthou Pt 9Every court case had a routine, the prosecution built it's wall of evidence and then the defence tried to put holes into it. However there was always a sub plot to each criminal case, the defence was always best advised to not put the defendant on the stand it was one of the first things that was learned at law school, unless there was no other choice never put the accused on the stand because to do so was to open them up to cross examination, by implication the one thing every prosecutor wanted to do was make a strong enough case that the defence was forced into this. So now in the courtroom all eyes were on
Commander Patrick Sterling to see whether he'd feel as if he had to do it, there was an expectation especially with running something of a soap box defence that Nekthou would end up on the stand any moment. Eventually
Commander Melanie Armitage looked up from her seat at the bench. "Commander Sterling?" she asked, Patrick stood up
"The defence calls General Nekthou to the stand." Patrick said, Nekthou made his way to the stand and faced Patrick "Do you swear to tell the truth the whole truth and nothing but the truth?"
"I do." Nekthou said
"Please state your name and position for the record." Patrick said
"General Nekthou, Clysperis Defence Force." Nekthou said
"Have a seat please." Patrick said, Nekthou sat down all eyes were on him, Patrick took a breath "General you've heard a lot of evidence throughout the course of this trial. Would you for the court please explain why you felt it necessary to act as you did?"
Nekthou nodded "In the 1970's I played a significant role in the liberation of Clysperis from Soviet rule, the country I called home, the country I have served all my career was under occupation and in my opinion deserved to be free. The liberation of Clysperis was successful in so far as we were able to drive the Soviets from our land however freedom was not delivered, we simply traded one overlord for another - the Soviets for the Tamorans." he took a breath "While one might have considered it practical for a relationship between Clysperis and Tamora to exist it had to be one of equals and instead it was much in keeping with Tamora a master and slave relationship. The engagement of the Pharaoh to Prince Naser put the continued long term existence of Clysperis at risk, a child born of that marriage is Tamoran royalty, that bloodline would be a Tamoran royal bloodline it would not be long before Clysperis was essentially assimilated into Tamora. Something needed to be done, concerns were not being listened to, petitions left unanswered and the head of state was pursuing a policy direction that would lead Clysperis to ruin. I took an oath to serve my country the same as both counsels, the same as the judges have and I found my oath to conflict with Government direction. There was no alternative other than to instigate a change of government and a change of direction."
"Your witness." Patrick said, now it was the turn of
Lieutenant Serenity Azurewind to stand up, she was the prosecutor.
"As a soldier you are familiar with the concept of an unlawful order correct?" Serenity asked
"I am." Nekthou said
"Is an order to harm and or kill civilians unlawful?" Serenity asked
"Yes." Nekthou said
"Therefore the orders you issued to those under your command in relation to the attack on the Apne Mosque are unlawful are they not?" Serenity said
"No." Nekthou said
"So faith was a front in your war was it?" Serenity said "Why is the Pharaoh still alive?" Nekthou raised an eyebrow
"I don't understand that." he said
"Your agents were able to get onboard the Clysperis Royal aircraft, the official transport of the Pharaoh. They had the Pharaoh and Prince Naser at their mercy, your stated aim was to change the direction, the opportunity to deal the knockout blow with minimal bloodshed was right there. Make sure they're dead before leaving the aircraft or blow the aircraft out of the sky either way you kill both people but your agents did neither, instead they left and let the plane crash land. Doesn't sound like a well thought out plan." Serenity said "You wanted her dead, why isn't she dead?" She waited a moment and there was no answer and her eyes widened as it clicked into place "You don't know do you? Once a soldier always a soldier..."
"Lieutenant." Melanie said
"Sorry Your Honour." Serenity said she took a breath and looked back at Nekthou "Did you sign the orders in relation to the Apne Mosque attack?"
"Yes." Nekthou said
"No further questions." Serenity said
"The witness may stand down." Melanie said "Commander?"
"The Defence rests." Patrick said
"Your Honour may I have a word with Defence Counsel before we close?" Serenity asked
"This is irregular Lieutenant." Melanie said
"I would not make this request unless it were pertinent at this point." Serenity said
"Very well." Melanie said
Patrick and Serenity went over to the corner of the courtroom.
"What is it?" Patrick asked
"Nekthou gives up who he was working for and I drop the death penalty." Serenity said "He gets life."
"You think he was working for someone?" Patrick asked
"He's an experienced soldier he's not stupid enough to let Akasha walk away like that." Serenity said "Conclusion - they weren't his men."
"Piece of a larger puzzle...ok I'll buy that." Patrick said, he walked over to Nekthou and had a hurriedly whispered conversation before with a surprised look glancing at Serenity and shaking his head.
Closing speeches followed that and then the three judges retired to consider their verdict, leaving those involved in the case pacing or waiting around the vicinity of the courtroom this was the part that they all hated, they'd done their best to present their cases and now they couldn't do anything else other than wait for the verdict to come in. Serenity leaned against the wall processing the case in her head, she'd hated prosecuting this one she was on a personal level significantly opposed to the death penalty but here she was professionally speaking in the one court on Achkaerinese soil that, by virtue of its status, could give that sentence and she was instructed to ask for that. She felt confident that she'd made her case and that Patrick hadn't done enough damage but there was really no way to be certain about these things.
"All parties in the case of Nekthou to court one." the message came over the loudspeaker.
Everyone retook their seats and silence fell as attention shifted to the bench. Melanie looked at both tables and then took a breath "The full text of this judgement will be available on the court website by the end of the day, I am for the purposes of this hearing paraphrasing." she said "We live in a world where everyone has the right to lawful protest, you are entitled to criticize, you are entitled to disagree, you can organise demonstrations against government policy. It is called freedom of speech, freedom of expression, freedom of assembly. However regardless of how morally right, how noble, how well intended a cause may be when that cause strays over the lines of what is and is not legal it becomes something else, it becomes a criminal act. This is a court of law, not a court of philosophy we're not charged with determining whether the defendant's motives were pure or not we're charged with determining whether his acts were unlawful. The evidence makes this very clear, the defendant was the guiding mind behind an attack on a place of worship that killed innocent civilians this is in violation of the Uppsala Convention, the defendant can be linked to the attempted sale of conflict artifacts, this is also in contravention of the Uppsala Convention. There is no doubt in the mind of this court as to what happened, therefore we find the defendant guilty on all counts." she paused "Mr Nekthou you are as in accordance with Clysperi law on this matter sentenced to death, sentence to be carried out as soon as convenient."