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Truth, Justice and Duty
« on: February 01, 2018, 01:49:57 PM »
Truth, Justice and Duty

When something goes wrong, or wrong is done the truth must be sought and justice must be done, in the Achkaerinese military the search for truth and justice is the duty of the officers of the Judge Advocate General Corp, these are serving officers whose job it is to hold defendants to the standards set down not only by Achkaerinese law on the matter but where required international law such as the Fair Seas Concordat and the Uppsalla Convention. The team comprises many surprises from the Admiral, or JAG himself, who mentored the Emperor to the lawyers who come with their own issues and pressures right down to the newest recruit the Crown Princess in her naval career as she seeks to balance her duty to country with her family life. These are the stories of this group of elite lawyers as they seek to uncover the truth about various happenings.

Table of Contents

My First Day
The New Yeoman
Foolishness and that Woman
Many Challenges
What We've Been Waiting For
Doing What We Don't Like

People v Nekhtou Pt 1
People v Nekthou Pt 2
People v Nekthou Pt 3
People v Nekthou Pt 4
People v Nekthou Pt 5
People v Nekthou Pt 6
People v Nekthou Pt 7
People v Nekthou Pt 8
People v Nekthou Pt 9

Laying it to Rest
« Last Edit: September 08, 2021, 07:09:56 PM by Achkaerin »

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Re: Truth, Justice and Duty
« Reply #1 on: February 01, 2018, 07:45:01 PM »
My First Day

Just another day in Avalon at the headquarters of JAG, Lieutenant junior grade Ariel Lightfoot was giving a tour of the building to the students of Cherry Lane High School, it was careers season in the school system which meant that it was prime time for military recruitment.
"Boys and girls welcome to the headquarters of the Judge Advocate General Corp." Ariel said "We've got office space, archives, a library, holding cells, conference rooms, court rooms and space for the Convention Advisory Committee to meet spread across the floors of the building. We are the people whose job it is to do something when the rules governing the military are broken, this extends not just to the Achkaerin Codex of Military Conduct but also to the Uppsalla Convention and Fair Seas Concordat. As some of you may be aware the most famous case tried here was the trial of those responsible for the Andean Genocide."

Ariel led the group up to the third floor of the building and into an open room with offices around the perimeter
"And this is?" one of the boys asked
"This is what in law enforcement would be called the bullpen." Ariel said "The office staff and researchers work at their desks here while the lawyers on the staff have their offices nearby, officially this is our operations centre." she led them over to a closed oaken door that unlike the other offices connected to the room didn't have windows into the ops centre "This is the office of the boss around here Admiral Rankin, he's just finishing up a meeting after which we're going to be able to have a little chat with him."

Inside the office Admiral William Rankin sat behind his desk standing on the other side of the desk was in her naval uniform Serenity Azurewind, the Crown Princess of Achkaerin,
"I had the honour of serving with your Father Lieutenant." William said using Serenity's rank to address her "I never imagined that I'd have the honour of serving alongside his daughter as well. Though after the Andean Genocide Trial I did wonder if you'd change your career path."
"I won't deny part of me enjoyed tearing into Charles Ofdensen sir." Serenity said
"Good." William said "You blew that case apart and they've even made a film about it. You've got a sharp mind and a lot of sense. You know your duties?"
"Investigations and court cases sir." Serenity said
"Correct." William said, there was a knock at the door "Enter." someone else entered the office "We work in pairs Lieutenant, I believe you known Ensign Brightwall?" Serenity turned and smiled standing there was Charlene Brightwall
"Yes she pulled my six year old daughter out of the Strait of Shaw a few months ago." Serenity said
"I'm assigning the two of you to work together." William said "That doesn't mean however that you will always be working together, I make the assignment decisions in this office clear?"
"Yes sir." Serenity and Charlene answered in unison
"Good." William said "I've got to answer the questions of some school children now so you're dismissed."

Serenity and Charlene walked out of the office and into the office that had Serenity's name on the door, Charlene's was right next door.
"How's Lisa doing?" Charlene asked
"She's doing great." Serenity said "She starts at Primary School next week. I've got to say you're the last person I expected to run into here."
"I could say the same of you." Charlene said
"Have you got your digs sorted yet?" Serenity asked
"Bit of a screwup there." Charlene said "They thought I started next week."
"Call them and tell them you don't need it." Serenity said "I'll put you up."
"You sure about that?" Charlene asked
"It's the Avalon Estate it's got enough room, plus we can work on our studies together, you can see Lisa." Serenity said
"Sold." Charlene said
« Last Edit: February 05, 2018, 12:40:03 PM by Achkaerin »

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Re: Truth, Justice and Duty
« Reply #2 on: February 03, 2018, 01:30:08 AM »
The New Yeoman

Deep breaths...just deep breaths and smile. the words ran through the head of Petty Officer Trinity Larsen as she stood in the lift heading up to the operations centre of JAG HQ. She'd expected to be assigned to a ship or overseas base on her first duty after graduating from the academy but this was far from what she'd expected, she'd been assigned as the yeoman, effectively secretary, to an Admiral and not just any Admiral at that. The lift doors opened and she stepped out into what was an unfamiliar, fast paced environment. Unsure of what to do she found herself simply standing there, whether she was acting like a little lost lamb or a rabbit in headlights she wasn't sure.
"Excuse me Petty Officer." a man said "Can I help you?" the man who'd spoken was Lieutenant Gary Newton
"Er..." Trinity said
"What are you doing here?" Gary asked, Trinity handed over her orders on a piece of paper "So you're the Admiral's new Yeoman, ok come with me."
"Is it always this busy?" Trinity asked
"We're lawyers Petty Officer" Gary said "If we're not busy we're not doing our jobs right." they walked past an empty desk just outside the door to the Admiral's office "This will be your desk."
"Thank you sir." Trinity said she placed her bags underneath the desk
"Are you ready to meet the Admiral?" Gary asked
"I guess." Trinity said, Gary knocked on the door
"Enter!" came the voice from within.

The pair stepped in to the office to find Admiral William Rankin pacing around the office reading a document
"Yes Lieutenant?" the Admiral asked upon seeing Gary.
"Admiral this is Petty Officer Larsen." Gary said "She's your new Yeoman sir."
"Good to meet you Petty Officer." William said "What's your first name?"
"Trinity sir." Trinity said
"Interesting name." William said "This your first assignment?"
"Yes sir." Trinity said
"Parents proud of you?" William asked
"Wouldn't know sir, my parents died when I was a baby." Trinity said, William stopped and sighed
"I'm sorry, that was thoughtless." William said
"It's not the first time someone's said that sort of thing to me sir." Trinity said "No reason why you should know."
"Are you familiar with your duties?" William asked
"No sir." Trinity said, it was the standard response though she had a vague idea of what they would entail.
"Organizing my schedule, trips, being a sounding board for me, I may ask your opinion from time to time which I hope you will give frankly, there will also be some general administrative duties." William said
"Understood sir." Trinity said

There was another knock at the door.
"Come in Commander." William said "Petty Officer Trinity Larsen meet Commander Andrew Conway. He's one of our lawyers. The Petty Officer is my new Yeoman."
"I see sir." Andrew said "You wanted to see me sir?"
"Yes it's about the fitness tracker issue..." William said
"Lexi's going through Field Marshall Dawson's declaration now making sure it's a legally sound order sir." Andrew said
"Frightening thing." Trinity said "I've got one of those. Not used it since the news broke."
"True enough." William said "Commander I wanted to see you because the Emperor has called a meeting of the intelligence agencies, military and cabinet. He's also requested that we provide a representative at this meeting. As you and Lexi have been heading this up, I think you should attend."
"What does the Emperor want a JAG there for sir?" Andrew asked
"I think you know Commander." William said "Potential liability of the company under existing law."
"I see sir." Andrew said
"Dismissed." William said

Andrew left the office and William turned back to Gary and Trinity
"One of those days sir?" Gary asked
"One of those weeks I fear. Those fitness trackers have just thrown up a potential case in the same ballpark as the Andean Genocide." William said he sighed, rubbing his forehead "Anyway Petty Officer you'll find Sergeant Major Rivera out in the bullpen he'll give you a tour of the building, get you familiar with everything and get you set up."
"Aye sir." Trinity said
"And Petty Officer." William said extending his hand "Welcome to JAG."
"Thank you sir." Trinity said shaking it.

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Re: Truth, Justice and Duty
« Reply #3 on: February 22, 2018, 05:57:09 PM »
Foolishness and That Woman

The place hadn't been this hectic for months and now within the space of five minutes it had gone from normal, average just another day at the office to looking like a warzone. What had caused this?The latest Imperial Decree, so here Serenity was going through documents as was her colleague partner Ensign Charlene Brightwall and every other available attorney.

"Here it is." Charlene said handing Serenity a piece of paper "Statement by Beatrice Anselmo the night before the defence opened its case."
"And I've got the original from weeks earlier that was given to Commander Conway." Serenity said "Damn that woman, I gave her a chance to come clean and she keeps this from us? Does she not know the implications and consequences of that?"
"Slam dunk?" Charlene asked
"Yep." Serenity said
"Excuse me." Petty Officer Trinity Larsen said coming to the office door "The Admiral wants to see you Lieutenant."
"On my way." Serenity said "Charlene I have a feeling this is going to be a long day, can you pick Lisa and Astrid up?"
"Of course." Charlene said
"We still on for game night though?" Trinity asked, this was a little tradition the three of them had got into for fun - basically one night a week they got together at the Avalon Estate
"You bet." Serenity said "Beatrice Anselmo isn't worth cancelling game night for, especially when it's this open and shut."

Serenity walked through the bullpen from her office to the Admiral's office upon entering she saw that the JAG Admiral William Rankin was sat behind his desk, in front of the desk stood the two lead counsels from the Andean Genocide Trial for the defence Commander Andrew Conway and for the prosecution Lieutenant Nell Foster, lastly there was another woman stood behind the Admiral's desk this was Major Kaitlin Parker, the Achkaerinese representative to the Convention Advisory Committee of the Uppsalla Convention.

"How bad is it Lieutenant Azurewind?" William asked
"If she were an officer in the Achkaerinese military sir we'd be able to have her for a straight up violation of article 131." Serenity said "There's no doubt that's what has happened."
"Did anyone know we were being lied to?" William asked
"No sir." Andrew said "All the statements from Beatrice Anselmo indicate across the board that she was in contact with Barren. It's a slam dunk."
"Lieutenant Foster." Kaitlin said "Given that this is a slam dunk, from where you stand what does this mean?"
"It depends how removing the erroneous material affects the case, if it proves material then I will seek an appeal in regards to her." Nell said
"Understood." William said "Your Highness."
"Yes sir?" Serenity asked, the change in title signified this was now an address in regards to the politics not the law
"Do you know what I have to ask?" William asked
"Yes sir I do." Serenity said "And you don't have to ask I will see to it."
"Very well." William said "Dismissed."

The officers left the office leaving just William and Kaitlin inside, once outside Serenity headed straight into the corridor she took out her phone and dialled a number
"Georgia." Serenity said "We need to talk."

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Re: Truth, Justice and Duty
« Reply #4 on: September 06, 2019, 11:39:56 PM »
Many Challenges

It was just another day at JAG, or at least it had started that way for Admiral William Rankin - the Achkaerin Armed Forces Judge Advocate General, he sat behind his desk filling in the forms, it seemed that to him that he spent most of his time these days as a pencil pusher rather than as a lawyer. Not that there was much lawyering for him to do, his staff were all top notch and more than capable of handling whatever came their way, no these days he was more a mentor and guide for them than out on the legal front lines. He sighed removing his glasses and looking at the pile of case files that sat on his desk away from the paperwork he was doing, how he'd love to have one of those to look forward to but the duty of his position was more administrative than that. He looked up as there was a knock on his door.

"Enter." William said, the door opened and in walked his yeoman Petty Officer Trinity Larsen, she smartly walked up to the Admiral's desk.
"You asked to see me Admiral?" Trinity asked
"Yes Trinity I did." William said, the entire staff tended to operate on first name terms but obviously not when addressing William hence why Trinity had addressed him by rank "I see you've got a few days leave coming up."
"Yes Admiral." Trinity asked
"Any plans?" William asked
"What is it you would like me to do sir?" Trinity asked, William looked up and saw the wry smile on Trinity's face
"How did you know?" William said
"I've been your yeoman for a while now sir, I've learned how to read you a little sir you wouldn't ask me if I had any plans unless you wanted something." Trinity said
"True enough." William said "My ex wife is going out of the country on business which means that I have to look after my daughter, she's a very wilful thirteen years old."
"I'm not much older than that sir." Trinity said
"Keep an eye on her during the day time ok?" William asked
"Ok sir." Trinity said she glanced at the clock "Admiral it's time for the briefing."
"Thanks for the reminder." William said

William made his way down to the meeting room where sat around a conference table were all his staff, Trinity followed William in and once both had taken their seats William sorted through the case files that needed assigning it was the routine morning meeting the staff engaging in banter while the Admiral made his choices before silence fell.
"Ok then." William said "Item number one the Phuebra military assignment." it was probably the most sought after assignment in the office as it involved setting up and executing an education program for Phuebran military personnel on the Uppsala Convention and the Fair Seas Concordat "Major Dawes this one's yours." he handed the file to Major Caroline Dawes
"Thank you sir." Caroline said
"I want you to take Lieutenants Newton and Asa with you." William said "You're wheels up in six hours."
"Understood." Caroline said

"Item number two is this legal challenge to the Celtic Protectorate being brought." William said
"Sir that's not strictly anything to do with us in the legal sense right?" Commander Andrew Conway said
"You can't have the reputation for being the Mundus legal eagle and not take note of alleged treaty violations especially when they could end up in court." William said slowly making sure the point was well made "Which is why Commander you and Lt Commander McCarty will travel to Royal Seleucid just don't travel in uniform to avoid spooking the locals, we'll find a way to arrange a meeting with Mr Begahi so you can hear his side of this. Meanwhile Lt Foster and Ensign Morgan I want you to independently take a look around the Celtic Protectorate cross reference the allegations Begahi makes against your observations and see whether he has a case or whether this is something else entirely."
"Yes sir." Nell Foster said

The meeting continued for a few more minutes with other cases being assigned until William finally dismissed the staff as they left in walked Serenity Azurewind, she was wearing civilian attire and smiled at each of the staff as they left the room.
"Lieutenant Azurewind." William said
"Admiral." Serenity said
"You've had the information concerning your review board hearing?" William asked
"Yes sir it's in two weeks time." Serenity said
"You understand that despite your recovery they may rule that you be discharged from the Navy?" William asked
"I do sir." Serenity said
"It goes without saying Lieutenant that everyone in this office is prepared to testify for you in that hearing." William said "Have you got legal representation?"
"Yes sir." Serenity said
"Good." William said "Dismissed."
"Sir." Serenity said
"And Lieutenant." William said "The next time I see you in this building you'd better be in uniform."
"Aye aye sir." Serenity said leaving the room with a smile on her face.

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Re: Truth, Justice and Duty
« Reply #5 on: February 06, 2020, 05:30:02 PM »
What We've Been Waiting For

Admiral William Rankin sat behind his desk, it had already been a long day for him and it was only 1100 hours, what had made his day longer? Well East Moreland had gone and played at SeaTowers and then the fallout from that had happened. It made for a somewhat sticky situation in the Avalon neighbourhood because literally just across the road from the building where William and his elite team of military lawyers worked sat the Uppsalla Convention Court, a reminder that their duty lay with the truth and nothing else. There was knock on his door, he knew who this had to be after all it was one of only two arranged appointments for the day.

"Enter." William said, the door opened and in walked Lieutenant Nell Foster, she looked almost as worn out as William did but she hadn't been at work for hours "Burning the candle at both ends Nell?"
"No sir just I couldn't sleep last night." Nell said
"You're worried about what might or might not be in here." William said picking up a black leather bound file from his desk "Advance copy of Major Kirby's findings and recommendations on the Anausa. Goes back years all the way to Beatrice Anselmo's reclaiming of the throne following the second Patriotic War. There's sixteen years worth of evidence in here."
"No wonder it took Major Kirby nearly two years to go through it all." Nell said
"We all know what this case means to you." William said he handed Nell the file
"Either this confirms that Beatrice Anselmo lied in sworn statements and that she told the truth in the 2018 Imperial Address or it finds that she lied in the Imperial Address in 2018 and told us the truth." Nell said "I'm not sure I really want to know which it is sir."
"You prosecuted the Andean Genocide case." William said "And you did a damn fine job of it, seven of the nine in Coral Rift and Alexander Anselmo got a years community service."
"But then we come to it." Nell said "Beatrice Anselmo acquitted at trial and if this report says one thing then..."
"Then you do what you have to do." William said "If that report shows that what Beatrice said in the 2018 Imperial Address is true then you go and do what you have to. I'm not going to tell you not to."
"Sir." Nell said
"Go get reading." William said

Nell left the office and was mere seconds later replaced by Major Kaitlin Parker, Kaitlin was the Achkaerinese member of the Convention Advisory Committee to the Uppsalla Convention.

"We need to talk about SeaTowers." Kaitlin said
"I know." William said "What's the line?"
"That the CAC takes all accusations of Uppsalla Convention breaches seriously regardless of origin." Kaitlin said
"If the Dartfordian authorities agree I can order an investigation into the incident and you can assess the findings to determine if there's grounds for prosecution." William said
"Diplomatic Office got their permission a couple of hours ago."[1] Kaitlin said handing over a signed letter which William read and then buzzed the intercom.
"Trinity could you come in here for a moment." William said, a couple of seconds later his yeoman Petty Officer Trinity Larsen stepped into the office.
"Sir?" Trinity asked
"Go and grab Commander Conway and Lt Commander Yuki for me, drag them in here if necessary." William said
"Yes sir." Trinity said

"How's she working out?" Kaitlin asked while Trinity went off to grab the two officers William had asked for.
"Well she's survived longer than my last five yeomen combined." William said, which got a smile from Kaitlin then Trinity returned with Commander Andrew Conway and Lt Commander Amara Yuki just behind her.
"You asked to see us Admiral?" Andrew asked
"You're aware of the SeaTowers raid that East Moreland pulled off recently and the subsequent accusations made by the Borland Separatists?" William asked
"Yes sir." Amara said
"Yes sir." Andrew said
"Well regardless of what we think of Kyle Barren and his cohorts we take all accusations of Uppsalla Convention breaches very seriously." Kaitlin said "A short time ago the Dartfordian Government agreed to allow us access to SeaTowers for the purposes of investigating the claims made. You're on a flight down to the Kyne where you'll base yourselves aboard the INS Valiant for the duration of the investigation. You'll also need to review the other evidence, once you're down there you're staying there until you've got a recommendation so make sure you take a couple of experts with you."
"Your flight leaves in three hours dismissed." William said.
 1. OOC - Agreed with CGJ

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Re: Truth, Justice and Duty
« Reply #6 on: February 17, 2020, 11:45:38 PM »
Doing What We Don't Like

There was a rather odd atmosphere around the JAG HQ, the publication of the Kirby Report had been highly anticipated and even though some of them had seen an advance copy and known what was coming there had still been a lingering hope that it would be different, kind of like hoping that the ending of a book you'd read a hundred times would change when read for the hundred and first time. However it wasn't to be and now with the sombre atmosphere taking root, the time to do what duty required had arrived. The slight squeak of an office door opening had heads turning, it wasn't the noise that did that it was the knowledge of what that particular office door opening heralded, with footsteps that penetrated the pin drop silence Lieutenant Nell Foster emerged from the office wearing her uniform and naval overcoat, in her hand was perhaps the most significant piece of paper in the office for close to three years all tied with a cerulean blue ribbon so there was no mistaking what it was, even Nell herself had wondered whether she'd actually do this, but despite any of her own personal feelings on the matter this was a professional decision this was her duty and the nature of duty was that you didn't always get to do what you liked. No sometimes you had to do what you didn't like.

Nell wasn't going very far, it was a short trip down the stairs of the HQ and then out into the fresh air and across the road to the Uppsalla Court building, she approached the clerk desk.
"Lt Foster Achkaerinese JAG Office with an Appeal Submission for the Court." Nell said "It's an urgent matter."
"Case?" the clerk asked
"Andean Genocide." Nell said "I'll wait." the Clerk nodded and headed down the corridor to find a Judge to evaluate the merits of the submission.

Meanwhile at the Avalon Estate, the day was also getting started, in her bedroom Serenity Azurewind, the Achkaerinese Crown Princess, sat on her bed having just listened to the Kirby report live on television like her father, like some at work and like a fair few politicians she'd known what was coming but to hear it was to make it reality. But there was something else, a fury in her eyes, it wasn't the first time it had been there for three years there had been a fair amount of animosity between Serenity and the now former Empress of Rokkenjima Beatrice all stemming from the very events that were now rearing their head again, it annoyed Serenity that this was a needless situation had Beatrice's speech writers thought bigger picture in 2018 when preparing the Imperial Address this would have been wholly avoidable but what cut deeper, as evidenced by the fact that she'd just tossed her mobile phone onto her pillow, was that Beatrice's pride had got in the way - Serenity had said for a long time that Beatrice was stubborn to the point of foolishness, funny thing was the Crown Princess had always held out hope she'd be proven wrong, unfortunately in the end that wasn't the case.

"You ok?" someone asked, Serenity looked up to see Yuki Tyler leaning against the door frame.
"Why?" Serenity asked "Why didn't she just say it three years ago? Why didn't anyone say it three years ago? All she had to do was say 'I've got Parkinsons' and immediately that's a game changer, Commander Conway could have argued much more strongly, with a different strategy and we wouldn't have a world where she has a perjury conviction or a criminal record. Why didn't she say anything?"
"Feel better?" Yuki asked sitting down on the bed next to Serenity
"What are you doing here?" Serenity asked, momentarily halting her rant
"I had some leave due and with the Kirby report coming out your Dad asked me to come see you." Yuki said "Charlene let me in."
"I see." Serenity said
"As for why Beatrice never said anything." Yuki said "Consider Peter and his Multiple Sclerosis, what's prompted him to prepare to go public quickly?"
"He trusts the Achkaerinese people." Serenity said "Beatrice never really trusted anyone."

"Can you blame her?" Yuki asked "Parents missing, brought up by your father who did his best to raise her as if she were his own, ascended the Rokkenjiman throne but weaker than she'd ever admit, leads Rokkenjima to essentially the pinnacle of the international community." she put a hand around Serenity's shoulder "But when the world changed she didn't adapt, not because she didn't recognize Rokkenjima needed to adapt but because her own personality prevented her from adapting, contrast her to Evanthe a woman more sure of herself and with a lot more capability in the diplomatic field, Evanthe doesn't need much in the way of assistance from the outside Beatrice always needed a Moriarty figure, she was in truth the ideal fit for a Mundus where there was a bad guy but when there isn't one? Don't take it personally someone with her background, her personality is never going to trust easily, she was like that even growing up in Gowu, it took a long time before she'd say more than a couple of broken sentences to me or Simon or Daniele. And then of course what happened when she let people in? Two of her closest friends betrayed her trust and your surprised she doesn't trust anyone anymore? Get the heck over it."

"I don't know what to do about this." Serenity said, head in her hands, "I really don't."
"I do." Yuki said "You said once that Ofdensen didn't get to win. Are you really going to let him win at the last?"
"Hell no." Serenity said
"Then figure out a way to deal with this situation in a way that sees justice done but is fair." Yuki said nudging Serenity
"When did you get so wise?" Serenity asked
"Listening to your father helps a lot." Yuki said, Serenity laughed and wiped away a few tears "Get yourself dressed and do what you gotta do, I'll grab the girls."
"I owe you." Serenity said

An hour later Serenity was stood outside the Uppsalla Court building, in her naval uniform and overcoat, the doors opened and Nell stepped out.
"They granted it?" Serenity asked
"Yes." Nell said "You defending?"
"That's what the Admiral says." Serenity said "You're prosecuting I assume?"
"If your father can get this in place yes." Nell said
"We should talk." Serenity said
"You want a deal?" Nell asked raising an eyebrow "That's not like you."
"This isn't about me." Serenity said "So?"
"Let's get some coffee and talk." Nell said

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Re: Truth, Justice and Duty
« Reply #7 on: August 20, 2020, 03:27:51 PM »
People v Nekhtou Pt 1

The word 'stressed' wasn't a word that Serenity would normally use to describe herself, not much got to her, but she'd had a rollercoaster of a few months everything from losing her husband to being handed a sensitive case to defend and then there was today. She was proud to serve in the Achkaerinese navy but she had never imagined such service would become her place of order, her safe space. She was walking through the newly opened JAG HQ in Valtheim, the new 'international legal centre' a location many years in the making, the Uppsalla Court, the CSCJ, JAG all in the same spot and they were far from finished. Serenity had been planning to unpack her things in her office but a phone call had put pay to that and now she was stepping inside the office of her boss Admiral William Rankin, the Admiral was sat behind his desk, also in the room was Commander Patrick Sterling.

"You asked to see me sir?" Serenity asked
"Yes the Nekhtou case has come up, the investigative phase is over." William said he handed both Serenity and Patrick a file each "Lieutenant Azurewind you'll review the findings and decide whether a prosecution is warranted. Commander Sterling in the event of charges being filed you'll defend."
"Where is Nekhtou right now?" Patrick asked
"Detention at Redwall military prison pending trial." William said "Questions?"
"No sir." Serenity and Patrick both said
"Dismissed." William said

Serenity and Patrick made their way out of the Admirals office, Patrick looked across at Serenity.
"How long until I can expect to see charges?" Patrick asked
"I need to read through everything and see what they found." Serenity said "Possibly later today."
"I'm going to go and see Nekhtou this afternoon." Patrick said
"I'll come with you if I have the charges ready." Serenity said
"Ok." Patrick said

Serenity made her way to her office and found Charlene Brightwall unpacking some of the box's in there, Serenity let Charlene have a desk in her office it just made things easier when they generally worked as a team.
"Beatrice Anselmo or Nekhtou?" Charlene asked when she saw the file in Serenity's hand
"Nekhtou." Serenity said "I'm prosecuting, you want second chair?"
"Always." Charlene said
"Ok then let's figure out what we're going to charge the man with." Serenity said

A few hours later Serenity and Patrick were walking into the visitor room at Redwall military prison there were two guards in the room and in the prison uniform sat between where the two guards stood was Nekhtou.
"Mr Nekhtou I'm Commander Sterling. I've been assigned as your legal representative for your upcoming trial." Patrick said "Lieutenant Azurewind will prosecute."
"The Crown Princess herself I'm honoured." Nekhtou said
"Sorry I can't say the same." Serenity said "Mr Nekhtou it is my duty to inform you that you are charged with the following offences: Breach of article 2.4 of the Uppsalla Convention by route of article 3.1 in relation to the Apne mosque attack and other atrocities of civilian deaths during the Clysperi Civil War. Breach of article 8.8 and by association 8.2 as well as breaches of articles 8.7 and 8.6 of the Uppsalla Convention in relation to the conduct of forces under your command in the Clysperi Civil War. Breach of article 2.9 of the Uppsalla Convention by route of article 3.1 and breach of article 3.4 in relation to the actions of forces under your command in the Clysperi Civil War."
"That's a long list." Nekhtou said "Sure I did all that?"
"Positive." Serenity said "See you in court."

Patrick followed Serenity out of the room a moment later.
"You're creative." Patrick said "Covering all the bases?"
"That's the plan." Serenity said

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Re: Truth, Justice and Duty
« Reply #8 on: September 18, 2020, 06:33:03 PM »
People v Nekhtou Pt 2

Most laypeople would in respect of the legal profession and its respective processes could be forgiven for believing that all the work was done in the trial setting under the microscope of witness testimony and the cut and thrust of cross examination. The reality however was far different quite a lot of the running was done well before plea's were entered, opening statements made and all that there were pre-trial hearings and meetings where things were defined and to some extent the rules of engagement were set so to speak. Although these were formal hearings in the sense that they pertained to a case they were usually heard informally sometimes in the judges chambers sometimes in a courtroom, in the instance of the Nekhtou case it was the courtroom where the hearing was held. Commander Melanie Armitage of the Achkaerinese Navy was leaning against the front of the wooden 'bench' that she usually sat behind she had two men with her both in military uniforms from different nations. Also present were the two legal teams for the defence Commander Patrick Sterling, for the prosecution Lieutenant Serenity Azurewind.

"Ok let's get started." Melanie said "As per the Uppsala Convention you've drawn myself, Lt Colonel McCleod from Seaforth and Major Aquila from Aquitaine. Do you wish to challenge Lieutenant?"
"No Your Honour." Serenity said
"Commander?" Melanie asked
"No Your Honour." Patrick said
"Very well." Melanie said "Lieutenant Azurewind how do you wish to define the accused within the Uppsala Convention?"
"Article three as commander of a militia group." Serenity said
"You will evidence that the so called Confederacy of Clysperis meets that definition?" Aquila asked
"Yes sir I will." Serenity said "There is one other thing."
"Go ahead." Melanie said
"I'm instructed under the Convention's provisions to seek the maximum penalty under Clysperi law for Nekhtou's crimes." Serenity said "I'm instructed to seek the death penalty."

"There hasn't been a capital case in Achkaerin for over a century." Patrick said "I know this is under an international convention but are you sure?"
"I'm sure." Serenity said "I'd have to give notice regardless of the nation in question, I may not be a fan of it but that's the penalty in Clysperis."
"Very well then." Melanie said "Commander Sterling are you fighting this or pleading?"
"With the death penalty on the table I'm fighting it." Patrick said, he would have liked to have pled this one out and kept it away from a trial but if the penalty was going to be Nekhtou's life then he was dead if he did that.
"Trial's in three days." Melanie said

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Re: Truth, Justice and Duty
« Reply #9 on: January 03, 2021, 07:30:18 PM »
People v Nekthou Pt 3

There hadn't been a case this high profile in this court since the days of the Andean Genocide trial, but here it was the trial of the man who had harmed Clysperis. Nekthou sat resolutely in a seat next to his court appointed attorney Commander Patrick Sterling, normally he'd have had someone to sit second chair but not on this one. Stepping into the courtroom with their papers were the prosecution team Lieutenant Serenity Azurewind and Ensign Charlene Brightwall, they made their way to the wooden table across the aisle from where Patrick sat. There was the added edge that the sentence on the table, the sentence Serenity was instructed to seek was the death penalty - she didn't like it, she didn't believe in the death penalty but it was her job this time and she knew that there were cases where she wouldn't have complete latitude and this was one of those. She wasn't unaccustomed to the media presence in the courtroom either, it had been this way for the Andean Genocide trial, everyone stood as the three judges made their way in and took their seats, the seasoned figures of Lt Colonel McCleod of Seaforth and Major Aquilla of Aquitaine sandwiched the equally experienced Commander Melanie Armitage.

"Ladies and gentlemen." Melanie said as she shuffled her papers "We come to the trial of the People v Nekthou. The defendant is charged with the following offences: Breach of article 2.4 of the Uppsalla Convention by route of article 3.1 in relation to the Apne mosque attack and other atrocities of civilian deaths during the Clysperi Civil War. Breach of article 8.8 and by association 8.2 as well as breaches of articles 8.7 and 8.6 of the Uppsalla Convention in relation to the conduct of forces under your command in the Clysperi Civil War. Breach of article 2.9 of the Uppsalla Convention by route of article 3.1 and breach of article 3.4 in relation to the actions of forces under his command during the Clysperi Civil War. Mr Nekhtou how do you plead to the charges?" All eyes snapped to Nekhtou who was still on his feet.
"Not guilty." Nekhtou said
"So entered." Melanie said "Lieutenant Azurewind."

"Thank you Your Honour." Serenity said getting to her feet and stepping out from behind the table "The accused is a man who for several months actively sought to undermine the legitimate leadership of Clysperis that is vested in their Pharaoh. In the course of these efforts the accused orchestrated an attempt on the Pharoah's life and subsequently sparked a civil war in the country, during that civil war forces under his ultimate command carried out atrocities, vandalised religious buildings, executed civilians and looted the cultural heritage of Clysperis. He is a man who held, prior to his insurrection, the rank of General in the Clysperi military a man who took an oath to protect the people of Clysperis, to protect the land of Clysperis and to serve the legitimate leader of Clysperis - the person with the title of Pharaoh. An oath he betrayed multiple times. The prosecution will show that he orchestrated all of that which he is charged with and gives notice that it seeks the death penalty as afforded under Clysperi law and granted under the Uppsalla Convention."

As Serenity sat down there were a few murmurs around the room as Patrick stood up "Your Honour the defendant is a seasoned military officer, respected by his peers not only in Clysperis but internationally, he is the man who returned Clysperis to its rightful people and out of the Soviet grip. Like all military officers he took an oath to protect and serve the people and today he sits in a courtroom accused of crimes by the government that he swore to serve, the question is not do the charges have merit but rather why after years of faithful service did the defendant, a respected general with an otherwise unblemished service record, choose to go against the oath that he once swore, as a General he understands such an oath and the consequences associated with its violation, given the calibre of the defendant the suggestion that this was a choice made easily or for personal gain is inappropriate and that he much more sound intentions than what will be portrayed by the Prosecution."

"Your Honour." Serenity said rising as Patrick finished "May I have a moment to confer with defence counsel?" Melanie nodded and Serenity led Patrick over to a corner of the courtroom "The soapbox defence? really?" she asked in a hushed whisper "Your answer to the charges is to play on the sympathies of the court?"
"Take the death penalty off the table and we'll change the plea right now." Patrick replied
"You know I can't." Serenity said
"Then soapbox it is." Patrick said
"Fine." Serenity said

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Re: Truth, Justice and Duty
« Reply #10 on: January 31, 2021, 05:01:25 PM »
People v Nekthou Pt 4

With opening statements made, it was time for the trial to begin in earnest first job for the prosecution was to establish an accurate basis for the charges against Nekthou. First up had been several eyewitnesses to the various atrocities carried out the so called Confederacy one by one they were examined by Ensign Charlene Brightwall and cross examined by Commander Patrick Sterling, the stories of violence, torture, theft. When the last of the initial group was stood down by Sterling it was the turn of Lieutenant Serenity Azurewind to stand up, Brushing a stray hair from her eye she looked at where the bench led by Commander Melanie Armitage sat. "Your Honour the prosecution calls Captain Sam Venables." Serenity said, the doors of the court room doors opened and in stepped Captain Sam Venables, he walked in that typical military fashion to the witness stand.

"State your name rank and posting for the record." Serenity said
"Captain Sam Venables, Wyvern Legion, Achkaerinese Army." Sam said "I'm a squad commander."
"Do you swear to tell the truth, the whole truth and nothing but the truth?" Serenity asked
"I do." Sam said
"Captain Venables you were assigned to the Achkaerinese contingent deployed to Clysperis?" Serenity asked
"I was." Sam said
"You were part of the operation that liberated the city of Apne?" Serenity said
"Yes." Sam said
"During that operation what did you observe of the forces fighting for the defendant?" Serenity asked
"Clearly some military training, which is understandable I guess, the defendant was a serving general in the Clysperi military." Sam said "Those that fought for the defendant were observed carrying weapons and they wore an armband with what could be described as a flag on it."
"No one else wore this armband?" Serenity asked
"Not that we saw." Sam said
"No further questions." Serenity said, she sat down
"Commander Sterling?" Melanie asked
"No questions your honour." Patrick said
"The witness is excused." Melanie said

"What's he doing?" Charlene whispered "Why not cross?"
"Because tactically he has nothing to gain and everything to lose." Serenity whispered back "All I've done is establish that Nekthou's forces met the criteria of a militia, if Patrick disproves that then he opens the door for me to classify them as terrorists."

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Re: Truth, Justice and Duty
« Reply #11 on: March 04, 2021, 11:04:02 PM »
People v Nekthou Pt 5

Commander Melanie Armitage took her seat alongside the Seaforthian Lt Colonel McCleod and Major Aquila from Aquitaine as the trial of Nekthou got set to resume. It had been a long few days of evidence as the Prosecution had built their case of the atrocities carried out by the so called Confederation of Clysperis, it was a well constructed case but given what the defence was running it likely wouldn't matter. Looking at both the two tables before the bench Melanie nodded "Lieutenant Azurewind." Melanie said, it was at this point that Lieutenant Serenity Azurewind, the lead Prosecution counsel stood up.

"Your Honour the Prosecution calls Lieutenant Amy Taylor." Serenity said, the courtroom doors opened and in walked Amy Taylor wearing military uniform appropriate to the occasion. She stood at the witness stand "Do you swear to tell the truth, the whole truth and nothing but the truth?"
"I do." Amy said
"Please state your name, rank and posting for the record." Serenity said
"Second Lieutenant Amy Taylor, Achkaerinese Army. I'm a computer and technology analyst." Amy said
"Thank you have a seat." Serenity said, Amy sat down "Your Honour before I question the witness I would like to play for the court the livestream footage of the Apne Mosque attack."
"Your Honour relevance?" Commander Patrick Sterling, the lead defence counsel said from his seat.
"The witness is here specifically in relation to this piece of evidence Your Honour, it would surely be helpful to watch the recording before asking questions so we're all on the same page." Serenity said
"Very well." Melanie said "Play the recording."

Serenity nodded and played the recording of the livestreamed Apne mosque attack it was grim viewing. When it was over Serenity stopped the playback and looked at Amy. "Let's be clear first. What did we just watch?" she asked
"Technologically speaking we just watched a livestreamed video uploaded to social media sites in November 2019." Amy said
"Explain what that means please." Serenity said
"It means the video was being uploaded live as it was filmed. An analogy would be watching ABC One on your laptop, you log onto the ABC playback site and select a channel, you choose to watch live which means you're then watching on your laptop what is being broadcast on the television this is a livestream."
"So this video was uploaded as it happened?" Serenity asked
"Yes." Amy said "It went onto several social media sites and was shared a fair few times before the social media providers were able to take the footage down. Of course it was also reported by Clysperi media before that happened."
"What does this video show content wise?" Serenity asked
"It shows armed men wearing the armband of the so called Confederation of Clysperis interrupting a service, beating and then hanging the Priest before executing worshipers." Amy said.
"Is this video genuine?" Serenity asked
"In my opinion yes." Amy said
"Your witness." Serenity said

Patrick stood up and approached Amy "Lieutenant are you certain this video isn't a fake?" he asked
"Yes." Amy said
"Why?" Patrick said
"There were none of the usual indicators that the video had been tampered with, no inter frame forgery no green screening, no distortion between image and sound, there was no evidence of double compression, we also contacted the social media providers and they cooperated with our investigation which allowed us to see data confirming that this was a streamed upload as opposed to a normal video upload." Amy said
"Could this have been staged?" Patrick said
"Your Honour." Serenity said "Defence Counsel is trying to get from the witness that which she is not able to answer."
"It's a simple question." Patrick said
"The witness is an expert on the technology concerned." Serenity said "However she cannot comment on the implication that defence counsel is making."
"Are you calling a witness to that effect?" Melanie asked
"I will be Your Honour." Serenity said
"The witness may answer the question only within the boundaries of her expertise." Melanie said
"Yes it's possible theoretically speaking to stage something like this." Amy said "But it would need a lot of research and planning to do."
"Thank you." Patrick said "No further questions."

In her seat Serenity bit her lip. "You don't look happy." Charlene Brightwall said from her seat next to Serenity.
"I'm not." Serenity said "That was always going to happen. We can connect Nekthou to the massacre but if Commander Sterling manages to plant enough doubt as to the massacres credibility then we have a problem."

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Re: Truth, Justice and Duty
« Reply #12 on: April 19, 2021, 11:12:35 PM »
People v Nekthou Pt 6

Lieutenant Serenity Azurewind stood up in her seat in the courtroom as the trial came towards the end of the prosecutions case. She took a few deep breaths "Your Honour the prosecution calls Lieutenant General Rhyth Icerider." she said, the door opened and in walked Rhyth Icerider, her more formal uniform on as a Cult of Helus follower she even had her sword attached to her belt. She took the stand and looked at Serenity
"Do you swear to tell the truth the whole truth and nothing but the truth?" Serenity asked
"I do." Rhyth said
"State your name, rank and position for the record please." Serenity said
"Lieutenant General Rhyth Icerider Commanding Officer Aelmoor Watch, Achkaerinese Army." Rhyth said
"Thank you ma'am have a seat." Serenity said, Rhyth sat down and Serenity consulted her notes "Ma'am you are the Commanding Officer of Achkaerinese forces in Clysperis?"
"I am." Rhyth said

Serenity nodded "Ma'am, what was discovered when the city of Heshiken was liberated?" she asked
"Achkaerinese forces recovered a large number of items from what was identified as the headquarters of the Confederacy." Rhyth said "These items included computers, weaponry, mobile phones, maps, plans and so on."
"What was found on the computers and phones?" Serenity asked
"Analysis of the computers and phones revealed messages pertaining to attacks carried out, these included the Apne mosque attack, raids on historical sites and other known incidents." Rhyth said
"Your Honour we've entered into evidence body cam footage relating to the recovery of this information." Serenity said, she turned her attention back to Rhyth "What relationship to these orders did the defendant have?"
"His name both printed and signature is on them." Rhyth said
"No further questions." Serenity said

Now Commander Patrick Sterling stood up and looked at Rhyth "General what is a false flag operation?"
"It's an operation carried out with the intent of disguising the actual source of responsibility and attributing blame to another party." Rhyth said
"So someone is framed?"  Patrick said
"Yes." Rhyth said
"Could the Apne mosque attack have been a false flag?" Patrick said
"No." Rhyth said
"Why not?" Patrick asked
"The recovered evidence amounts to orders to carry out the attacks, they are timestamped, they are verified as genuine."  Rhyth said
"They could have been planted couldn't they?" Patrick asked, Serenity was halfway to her feet but from her seat on the bench Commander Melanie Armitage held up her hand.
"Commander Sterling you need evidence to substantiate that." Melanie said
"Withdrawn Your Honour." Patrick said, in her seat Serenity was seething Patrick had made a carefully calculated move there introducing the idea in such a way as to raise it but not rely on it.
"Anything further?" Melanie asked
"Yes Your Honour." Patrick said looking at Rhyth again "Are you familiar with the defendant's history?"
"He is a Clysperi General, a decorated military officer who served in the liberation of Clysperis from the Soviets, he is I believe a senior officer who was popular with those under his command." Rhyth said
"Nothing further." Patrick said

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Re: Truth, Justice and Duty
« Reply #13 on: May 04, 2021, 05:48:42 PM »
People v Nekthou Pt 7

They were almost at the halfway point of this marathon of a trial, almost at the point where the prosecution would close their case and hand it all over to the defence to try and make their case, it was a critical point. Before that though there was one final prosecution witness, standing from her seat Lieutenant Serenity Azurewind took a few deep breaths before she turned her gaze to the bench of three judges "Your Honour the prosecution calls Doctor Donna Steele." she said, the courtroom doors opened and in walked Doctor Donna Steele she wore a knee length black skirt, a white blouse and a black jacket she stepped up to the stand and turned to face Serenity "Do you swear to tell the truth, the whole truth and nothing but the truth?"
"I do." Donna said
"Please state your name and position for the record." Serenity said
"Doctor Donna Steele." Donna said "I'm a lecturer in archaeology at the Achkaerin university of Art and Culture and I am Achkaerin's representative to the Cultural Exchange Treaty Organisation."
"Please have a seat." Serenity said, Donna sat down, "Doctor what is a conflict artifact?"
"A conflict artifact is a historical artifact that has been illicitly sold to finance a conflict in a country. It's the same principle as conflict diamonds but applied to historical finds." Donna said
"Explain that in the context of Clysperis please." Serenity said
"It became known that elements within Clysperis associated with the so called Confederation of Clysperis were ransacking historical sites places such as burial chambers and the like and then selling the loot internationally with the aim of financing the conflict." Donna said "We were seeing several instances where artifacts of Clysperi origin were turning up in auction rooms and private collections at the drop of a hat and all over Mundus."
"We being who?" Serenity said
"The CETO." Donna said
"And what was done?" Serenity asked
"We passed a resolution, this made it possible for the authorities of CETO signatory states to seize artifacts with a provenance from Clysperis in this situation or in fact any nation termed a 'listed nation' in the case presented Clysperis was defined as such." Donna said, at this point Ensign Charlene Brightwall, who was assisting Serenity on the prosecution stood up and carried a tray laden with artifacts over to Donna.

"Are these some of the artifacts?" Serenity asked
"Yes." Donna said
"Could you identify them?" Serenity asked
"There's a solid gold ankh from a temple in Heshiken, a necklace in the form of the eye of Horus which comes from the tomb of a Pharaoh dating from the eleventh century, a sceptre that likely belonged to a priest and a burial mask looted from a tomb." Donna said "All were discovered and once investigations were carried out they were seized."
"I see." Serenity said "How did that happen?"
"We were already coordinating with auction houses, galleries and collectors across Mundus making sure as far as we could that anything believed to have come from Clysperis was verified as being safe before it got sold and if it wasn't that it was withdrawn." Donna said "The sceptre for example turned up in a Toshikawan auction house and it was turned over to us once we verified it. The most disturbing however is the burial mask."
"Why?" Serenity asked
"Because it's the burial mask of Pharaoh Ramses V." Donna said "The father of Pharaoh Akasha."

Serenity let that hang in the air for a moment before pushing on "Where did that turn up?" Serenity asked
"An auction sale in Aquitaine." Donna said "This being after the resolution was put into effect we were contacted by Aquitaine for a second opinion on whether it was what it appeared to be and it was so we were allowed to catalogue it and seize it."
"Was there paperwork?" Serenity asked
"Yes." Donna said
"Your Honour the prosecution is entering to evidence the said paperwork." Serenity said, Charlene now put a copy of the paperwork in front of Donna "Whose name is on this paperwork as the seller?"
"The defendants." Donna said
"Your Honour as part of evidence gathering the prosecution with the agreement of the defence were allowed to require handwriting samples from the defendant." Serenity said "The report from the handwriting expert is attached to the report, it concludes that the signature on the form Doctor Steele has in front of her matches the samples obtained from the defendant with a degree greater than ninety nine percent."
"Noted." Commander Melanie Armitage said from her seat at the bench
"No further questions." Serenity said, she returned to her seat as the defence counsel Commander Patrick Sterling stood up.
"Defence has no questions for this witness." Patrick said, that raised Serenity's eyebrows for a moment then she stood again
"That concludes the case for the prosecution subject to any rebuttal witnesses." Serenity said
"Very well, we'll adjourn and the Defence will present their case when we reconvene." Melanie said she banged the gavel and court was adjourned.

"Why didn't he question Doctor Steele?" Charlene asked when she followed Serenity into the Crown Princess's office on the operations floor.
"Because he doesn't want to fight that one." Serenity said "We've charged Nekthou with a lot of offences on most of them we have to very convincing because the evidence while being solid is as always open to interpretation, this last charge is watertight, we have the paper trail, we have the expert evidence and critically theft isn't likely to result in the death penalty if convicted Patrick is playing percentages." as Charlene took all that in Patrick knocked at the door and opened it.
"Last chance for a deal." he said
"What are you offering?" Serenity said
"Drop the death penalty, he gets a life sentence served in Coral Rift." Patrick said
"Not interested." Serenity said
"You should be biting my hand off for that Lieutenant." Patrick said
"I'm confident I've made my case." Serenity said "Are you not confident in yours?"
"Fair enough." Patrick said

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Re: Truth, Justice and Duty
« Reply #14 on: May 15, 2021, 12:50:45 AM »
People v Nekthou Pt 8

Commander Melanie Armitage took her seat in the centre of the bench and looked around the courtroom before turning her attention to the defence table, the prosecution had had their opportunity to build what those in the profession called "The wall of evidence" and now it was the turn of the defence to try and smash holes in that wall. "Commander Sterling." Melanie said "Do you have a submission for us?" she was addressing Commander Patrick Sterling who was defending Nekthou.
"No Your Honour I don't." Patrick said "With the Court's permission I'd like to call my first witness."
"Granted." Melanie said
"Defence calls General James Robbins." Patrick said, the courtroom doors opened and in, wearing the appropriate dress uniform, walked General James Robbins he stepped up to the witness stand "Do you swear to tell the truth the whole truth and nothing but the truth?"
"I do." James said
"Please state your name, rank and posting for the record." Patrick said
"General James Robbins, Commanding Officer of the Silverlea Royals Regiment of the Achkaerinese Army." James said
"Thank you sir please have a seat." Patrick said, James sat down. Patrick walked to the table his notes were on and consulted them before turning back to the General "Sir do you know the defendant?"
"Yes I do." James said
"How sir?" Patrick asked
"I know him for the reason that he is here today but also from the liberation of Clysperis from the Soviets in the 1970's." James said
"Tell us about the second of those." Patrick said
"There was a level of cooperation between Clysperi forces and Achkaerinese forces in terms of military operations conducted in the north of Clysperis, much like the situation in the recent conflict the Achkaerinese thrust came from the north, the Tamoran from the south. It's quite hauntingly familiar in that regard. Operations included targeted strikes against Soviet military assets and so on. The Defendant was the senior military officer on the Clysperis side in relation to the Achkaerinese."
"A liaison officer?" Patrick asked
"No he was more of a commanding officer." James said
"You worked closely with him?" Patrick asked
"Yes." James said
"What is your opinion of him based on your experience?" Patrick asked
"From what I saw he is a highly competent military leader, has a strong sense of duty and service toward his country." James said "A man who served with distinction, within the boundaries. He could easily be described as a patriot of his country."
"You were on the battlefield together?" Patrick asked
"Early on yes, we also worked closely together in the planning stages." James said
"Are you familiar with the term unlawful order?" Patrick asked
"Yes." James said
"Explain it please sir." Patrick said
"It's a military chain of command term." James said "In essence the subordinate follows the orders of the superior, so when I give orders to those under my command they get followed, however if I give an order that for example contradicts the Uppsalla Convention then that is an unlawful order and the subordinate has the right to disregard that order."
"And the subordinate can also ignore a lawful order, theoretically speaking and do something unlawful?" Patrick asked
"It's possible yes." James said
"So it's possible that the atrocities carried out by the Confederation of Clysperis were the result of members of the Confederacy forces ignoring orders and doing their own thing?" Patrick asked
"It's possible yes." James said
"Thank you. No further questions." Patrick said

As Patrick sat down, Lieutenant Serenity Azurewind, Achkaerin's Crown Princess, stood up and for a moment paused in thought, formulating her question she was beginning to see the angle Patrick was driving at, the old classic reasonable doubt, build the character side and question the evidence by implication.

"General" Serenity said "It has been over forty years since the Soviet occupation of Clysperis ended, in all that time have you and the defendant spoken to or seen each other?"
"No." James said
"So you can't say that the man here today is on a values level the same as the man you worked alongside?" Serenity asked
"I have no data upon which to form an opinion on that." James said
"How does something like the uprising in Clysperis happen?" Serenity asked "What does it take to make it happen?"
"Assuming the right circumstances..." James said "You need men and firepower, a popular image as well."
"The Confederacy took a large chunk of Clysperis overnight that doesn't sound like a popular uprising by the public." Serenity said "That sounds more like military precision."
"In the context it is likely that members of the Confederacy forces were Clysperi military soldiers prior to the uprising." James said
"So they would know to follow a code of conduct?" Serenity asked
"It's what soldiers are trained to do." James said
"And they would be aware of the unlawful order point?" Serenity asked
"They should be." James said 
"No further questions." Serenity said, she returned to her seat and sighed, would that be enough to force Patrick to do it? To put Nekthou on the stand?

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Re: Truth, Justice and Duty
« Reply #15 on: May 27, 2021, 08:42:35 PM »
People v Nekthou Pt 9

Every 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."

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Re: Truth, Justice and Duty
« Reply #16 on: September 08, 2021, 07:09:11 PM »
Laying It To Rest

Coral Rift Prison, probably the most secure prison on Mundus, by virtue of location among other things was not a place that Serenity Azurewind was a frequent visitor of, certainly not outside of when she was required to be there in the course of her legal duties, today however was an exception it was a big day, it was the day that the Andean Genocide ghosts that still hung over her place of work would finally be laid to rest, over five years after the event, it was the day that the Beatrice Anselmo appeal was to be heard though it wouldn't be much of an event. So here Serenity was earlier in the day waiting in the prisons visiting area not for anything to do with the case at hand but more for her own sense of closure, she really didn't like not knowing the whole story, normally she could work it all out in the end, but this whole thing was just so full of secrets and such. The door opened and a guard brought in the glasses wearing man, the mastermind, the greater traitor, Charles Foster Ofdensen. This wasn't the first time that the pair of them had been here but with luck it would be the last, Serenity waited until they were alone and then took a seat at a table looking at Charles an uneasy silence hanging in the air between the two of them.

"When did you know Beatrice had Parkinsons?" Serenity asked
"What makes you think I knew?" Charles asked
"Beatrice was CIC of Rokkenjiman forces and under Sakura-Umeko Toshikawa's forces as well, so she'll be kept informed of what's happening my guess is you didn't tell her the whole truth about what was going on but you and I both know that Beatrice Anselmo in her right mind doesn't authorize or ignore those actions." Serenity said "You had to know she had it."
"I knew." Charles said "Her father had it, so there was always a genetic chance that she could inherit it, I watched for the signs and of course when Lucinda started expressing concerns..."
"You put two and two together." Serenity said "You probably had the Pyrena doctor check for it."
"Yes." Charles said
"Goodbye Charles." Serenity said

That afternoon the Uppsala Courtroom was perhaps at its most informal there was no press no public gallery occupied, Commander Melanie Armitage was standing in the space at the front of the room while Serenity perched on the edge of the defence table, Beatrice Anselmo was sat at the table also present was Lieutenant Nell Foster, she'd been the original prosecution counsel for the Andean Genocide case and was in the position of needing to see this through. There had been a fair bit of back and forth between Serenity and Nell in the run up to this, neither of them wanted to fight what might be described as a 'jury trial' that wasn't in anyone's interests least of all Beatrice's so they'd do this the other way.

"All right." Melanie said "This is a retrial of Beatrice Anselmo in respect of her role in the Andean Genocide. Charges are the same as they were back then, that she in full knowledge of the events occurring in Nueva Ardia did by inaction breach articles 1.1 and 1.2 of the Uppsala Convention by not upholding provisions of the Sakura-Umeko Accord. This essentially makes her party to war crimes carried out by the Toshikawan military. How do you plead?"
"The defendant pleads guilty on the grounds of diminished responsibility." Serenity said
"Her Parkinsons?" Melanie asked
"Yes we're submitting that the nature of her Parkinson's including full blown vivid hallucinations and other delusions led to her not being in her right mind, not being mentally competent, not being able to understand her own actions and not being able to form a rational judgement." Serenity said "Our contention is that if she were not suffering from Parkinsons she acts to stop what happened."
"Lieutenant Foster?" Melanie asked
"Prosecution accepts that argument." Nell said "We're asking for life imprisonment. In a hospital facility where she can be monitored and assisted."
"We'd like that staggered." Serenity said "Five and a half years in a facility here in Achkaerin before transfer down to Gowu."
"Reasoning?" Melanie asked
"In five and a half years Adriana will be at the age to assume the throne." Serenity said "I don't exactly think we want the Empress of Rokkenjima travelling that long a distance across Mundus to visit her mother. Before that there are some political agreements between Achkaerin and Rokkenjima that make this appropriate."

Melanie nodded she could see how much work Nell and Serenity had put into this carefully thought out and a fair result, something just. "Ok." Melanie said "Beatrice Anselmo you've been found guilty of the charges against you, however I accept the submission that Lieutenant Azurewind has presented I don't believe you were at the time in question in your right mind, I believe your judgement to have been impaired as such I am treating this as manslaughter by negligence not conspiracy to commit murder. I am handing down a life sentence to be served initially at the Valkyrie Medical Facility here in Achkaerin with transfer to a facility in Gowu upon the ascension of Crown Princess Adriana to the Rokkenjiman throne. We're adjourned."