Viceregal of Bravia VS. Balerion in the Case of Treason

[Grayson]

Grayson Shakes his head atthe outburstof the people in the room and has no problem in setting up charges for the contempt of court. Your Honor, To be honest I will need access tothe military information that is attributed to this case as any information i have come across at this time does not actually lead me to see why there was charges put against Balerion in the first place. And nothing that i have seen says that he was told not to attack or to stop. I need to see all the evidence to actually push forth with these charges! He looked around the court, I request permission to do research in the military books! I got to have all the facts and information!

[balerion]

Lord Grayson I have given you access to the records you requested. You can find what you need here:

http://www.secfenia.org/forums/viewtopi ... 8&start=20

[Logo]

The sound of the troll's spiked gavel rang once again through the courtroom.
"ORDER IN THISSY COURT!" Logo shouted from the bench.

Leveling his gaze around the room and stopping at the defendant's table, the troll continued in a measured voice. "Izza be NO cross-talk from the defendant's table an' izza be onliest warning.
Iffy hazza evidence or motion regardering thissy case, you will address the bench - and the bench alone. Otherwise, is in the defense's interest to follow procotol.

For sure will be given the accuseded ample opportunishy offa evidenciary discoveries an' cross examinations offa all witlesses ... ehrm... wit-nesses.
Izza understooded?

Turing to the prosecution the judge nodded. "Izza so ordereded. The general of the republic will grant the prosecutor's office full access to army recordses an' archives," he said, maintaining a rigid expression, proud of his ability to stifle laughter.

The judge waved a bailiff to collect the parchment and keys from the General of the republic. "Thank'yOu for your prompt acommodation of the court, general."
Logo added a stack of parchments to the bailiff's hands and ordered all to be copied and delivered to both tables. "Additionally-wise, from the clerical research staff of the judiciary, here are recordses of the court and council known to be germane to thissy case."

With another round of gavel-banging, the judge spoke once more. "The honorable prosecreature of the republic has the floor. The court awaits your motions."

[balerion]

Balerion tries to keep a straight face as the Judgetroll starts banging everywhere. He would mention how the Judgetroll had never declared the recess over but it would probably be best to just pretend otherwise. He set a half eaten chicken down and waited to see what the Prosecutor would do. He rather hoped he had some neat motions, like the electric slide perhaps. Balerion had always liked that motion. Thinking of his lunch the chicken dance was a pretty good motion as well...

[Grayson]

Grayson went through the paperwork and the reports. Your honor I would like to amend the charges against Lord Balerion, It seems since Looking through all the paper work and reports their is no evidence that Captain Balerion was ever told to siege the temple as he has said. There is talk that it might be besieged but never have I seen or read that yes it was to be attacked. Grayson pulls out the latest volume of the Bravian laws and points out a couple things!

Laws from August 15, 1652 to January 13, 1653


Quote:

Laws of the Viceroyalty of Bravia

I. Treason - Treason against the Viceroyalty of Bravia is illegal. Treason is a serious crime that is defined as any offense against the security of the Viceroyalty. Examples of treasonous actions include (but are not limited to):

a. Levying a war within the Viceroyalty without authorization
b. Leading a foreign army onto Bravian soil without express authorization from the Viceregal Council.
c. Raising an unauthorized army on Bravian soil
d. Assisting an enemy of Bravia
e. Attempting to invade the Viceroyalty or modify the borders.
f. Betraying the confidence of the Viceroy or the Viceregal Council by sharing the contents of the private Council forums with anyone not on the council
g. Engaging in behavior that would compromise the security of Bravia


II. Betrayal – Crimes of Betrayal are illegal and punishment may range from mild to serious. Betrayal may be categorized as:

a. Perjury – Intentional deception in a Bravian Court of Law.
b. Contempt of Court – Failure to appear in the Court of Law when summoned.
c. Abuse of Power - Any legally elected or appointed official who intentionally uses the powers of office for individual gain or the gain of another at the expense of the town, county, or citizens at large. This includes favoritism that has resulted in harm to the Viceroy or Town.
d. Neglect of Duty- Any legally elected or appointed official who intentionally fails to perform the duties of his/her office without due notice of absence and in such a way that the people, the towns or viceroy suffer damages as a result of that neglect.


III. Public Disorder – Public Disorder is illegal and may result in mild to serious charges at the discretion of the Judge and based on damages. Crimes of Public Disorder may include:

a. Revolt – Any attempt to remove an elected or appointed official from a Town Hall or the Viceregal castle is considered a moderate to serious crime.
i. Attempted revolt - if not authorized by the Viceregal Council will be prosecuted.
ii. Successful revolt - if not authorized by the Viceregal Council will be prosecuted
iii. Authorized revolts - must be approved by the Viceregal Council. Authorized revolts are exempt from prosecution.
b. Robbery – Robbery and attempted robbery is illegal in the Viceroy of Bravia. It is considered a mild to serious crime depending on the type of robbery and the extent of damages. Robbery may include but is not limited to the:
i. Robbery or attempted robbery within the Viceregal territory of Bravia
ii. Theft from the Viceregal inventory
iii. Theft from any Bravian Town Hall, regardless of how power was obtained.


IV. Grant Laws and Regulations:

a. Viceregal grants are contracts between the Viceroyalty of Bravia and the grant holder.
b. Viceregal grants that contain instructions contrary to Bravian law or that require illegal acts are null and void and subject to immediate recall.
c. The officially elected Viceroy can recall grants issued by the Finance Minister on behalf of the Viceroyalty of Bravia. Recalled grants must be returned to the Viceroyalty within three days.
d. Grants issued by the Town Hall are contracts between the town and grant holder. Town Hall grants are subject to Viceregal law and the law of the town where the grant was written. Town Hall grants can only be recalled by officially elected mayors. Recalled town grants must be returned to the Town Hall within three days.


V. Market Laws – Laws governing markets and market transactions shall be left up to the individual towns. The Viceroy makes no requirement to have market laws at this time. However, the Viceregal Court shall uphold any market laws established by the town as long as the laws are stickied in the town forum and clearly titled as Town Laws. Violations of town market laws will be prosecuted by the Viceregal Court and judged as mild to serious depending on the extent of damages.


VI. Bravian law may be changed only with approval of a publicly-elected council of Bravia.


VII. For all crimes and offenses, whether listed in statute or not, the court of Bravia has a responsibility to see justice for all. Any person may petition the court (via the prosecutor) to obtain satisfaction of an offense.

The prosecutor is responsible to decide whether to bring the case or not, based on the strength of the evidence and whether the case would bring or deny justice. If brought, the judge will decide the case and punishment fairly, using his own good sense, previous case precedent & comparable decisions, if any.


VIII. Punishments

a. Mild Punishments – may include one or more of the following:

i. Fines – up to 50 freznics
ii. Incarceration – up to 3 days
iii. Forced labor – up to 3 days in the mines, temple or town resource
iv. Restitution of goods
v. Alternative sentencing – may be used singly or in conjunction with other punishments. They may include but are not limited to; actions that affect alignment, providing trust to a specific person, providing goods or labor below market cost, civil service for the town or viceroy, role play on the forums, etc.

b. Moderate Punishments - may include one or more of the following:

i. Fines – up to 250 freznics
ii. Incarceration – up to 7 days
iii. Forced labor – up to 7 days in the mines, the temple or town resource
iv. Restitution of goods
v. Alternative sentencing (as described in Section V.a)
vi. Temporary banishment – up to 3 months

c. Serious Punishments - may include one or more of the following:

i. Fines – over 250 freznics
ii. Incarceration – over 7 days
iii. Forced labor – over 7 days in the mines, the temple or town resource
iv. Restitution of goods
v. Alternative sentencing (as described in Section V.a)
vi. Extended or permanent banishment – over 3 months or permanent
vii. Execution –may be RP or IG. If IG must have agreement with the Mages.

Captain Balerion levied a war againt the temple in Widu which is in Bravia and did damage to the town by hurting defenders nthe temple. So he was charged withe Treason, I want to add Betrayal. Article ll. Section c: Betrayal under abuse of power. He is an appointed official as a Captain of the Army who attacked the temple of Widu became the Priest there and Caused damage to the town by hurting a town member. Captain balerion has demonstrated that he may be a loyal dragon of Bravia but he has not proven that he was ordered to attack the temple of Widu. There for your Honor this case is cut and dry and he is Guilty. Grayson looked at the court your Honor I would call Bekah to the stand so that she might give testimony to the fact of the attack!

[balerion]

Balerion listened to the prosecutor. He tried very very hard to keep from laughing but he couldn't keep from chuckling. After months of being in court the prosecution decided to add yet another charge. It was priceless. And not only that but the prosecutor had the audacity to tell the judge what the verdict of the case should be. Balerion had seen many things in his day but this was completely unheard of!

[Logo]

The judge showed no evidence of his surprise but mumbled to himself. "Izza wantin two chargeses for one actions, effectivishy re-instatin' public disorder what was abandoneded by the previous council -- ann upgradin it to Betrayal - abuse of power. Izza bit unusual, combinin' the procederings... double jeaopardy, izza some precedence 'bout that somewheres ... izza already exceedin' delay already inna providering timely justice ...an' uncooperatative witness for the prosecution..."

Logo banged the spiked gavel again. "Inna interests of clarificating obligationses offa court, an' speed, (an 'cuz law iz clear that public prosecutorses have sole discretion in raisin' charges) izza granteded the motion to resurrect the previously langushing an' now necrotic charge of PUBLIC DISORDER - and to argue that it meets the standard of BETRAYAL: ABUSE OF POWER.
Inna further interests of efficiency, izza granted the motion to combine cases. "

The troll leveled eyes toward the desk of the prosecution, "Proceed, councilor Grayson, but know this court will not countenance delay. Know you have also set a higher bar on the additional charge.
Call you first witness and provide your full list of witnesses to the court.
The defense will have opportunity to cross-examine each in turn.
Now, make your case."

[Grayson]

Grayson nodded as the Judge spoke, Thank you, Your Honor! I call Bekah to the stand! Grayson wanted to have her clarify for the court that a Dragon by the name of Balerion and his army did attack the Temple. That would start the roll on things that Balerion had done and show his abuse of power.

[balerion]

Balerion looks up at the Judge. Your honor it has been 6 days since the prosecution called his witness, it seems fairly obvious she is unlikely to show up. Might we move things along a little? The so called crime took place in November and its rather disheartening how much time the Prosecution has already taken to get a single witness to testify against me. Already one of my witnesses has went missing in the absurd amount of time that the Prosecution has had to present a case against my person.

[Logo]

Logo looked toward Grayson, then balerion, "Izza been no response to the court's summons." ((Neither IG or forum PM))

Logo handed the bailiff parchments to show to both desks.
"Iz on record this testimony in Case #123, a matter of Public Disorder against the defendant, originally filed last December, apparently abandoneded, now combineded in this case with the stipulation it be adjudicated as betrayal."

The Viceroyalty of Bravia Vs balerion
(Originally filed on: Dec 14, 2012 11:27 am)
Filed Under: Public Disorder

I charge Balerion for Public Disorder. As a result of his revolt against the Widu temple he injured a defender, Bekah. She has asked me to file a claim against him.
The following law will support this charge:
VII. For all crimes and offenses, whether listed in statute or not, the court of Bravia has a responsibility to see justice for all. Any person may petition the court (via the prosecutor) to obtain satisfaction of an offense.

Upon moving to Widu I felt it was my duty to help defend it and joined the militia. On the day of November 28th I volunteered my services to guard our temple through the morning of November 29th. In that watch while patrolling I was attacked by none other than Balerion. I am not proud to admit I'm not the strongest I could be with how I came to these lands so after getting hit the first time I fled the scene but he is a rather large dragon! Unfortunately by the time I came back with reinforcements he had taken the temple.

All that was left was for me to report the attack to the mayor at the time, Genova, and sheriff Tesla. After talking to my colleagues I was also told to report it to Lord Blackhawk and did so.

'Nov 29, 1652 5:00 am: balerion attacked you and nicked you (-1 Fit) (You fled the battle!)'

The judge pressed fingers into his temples. Leaning forward, he sighed and spoke to both desks, "Izza eternal procederings maybehaps fun... for somewho, but not thissy troll. Izza whallopin' somewho withy multiple chargeses inna anger or a' spite understandabable reaction ... but imma not gonna rule guilty on two charges for one action. Izza fundamentally unjust. izza possible valid cool-headed reason for havin' two charges for one act izza recovery of multiple damageses. izza presumin' the former prosecutor's intention, but izza hinted, not explicit inna indictment. Imma already ruleded on combinin' the cases.
Imma here to see justice done -- to me meanin:
1) make finding of guilt or innocence
2) iffy waz crime, correct anna disincentitize such future behaviorseses.
3) iffy waz cause of damage, order fair restitution to make whole any party with standing

Now, izza neither desk contestin' the fact that defendant flippeded a temple. Right?
Izza disagreemenin' 'bout whether izza crime -- an apparently what crime. Right?
Izza seemin' one allegedly damageded party izza disinterested inna recovery, else she would be talkin'. Right?
This court has heard nothin' regardering damages, so ... iffy you two reasonababble adult-like types wanna have a short conference to see if some extra-judical agreement can be reacheded, imma happish to consider motionses."


After his lecture, the troll took a breath and spoke calmly, "Prosecutor ..." Growls from the troll's stomachs interrupted. The sound of spiked-gavel banging was did not cover the complaining stomachs. Logo opened an immense pack of cow carcasses covered in a sulfurous wet-grey slime and began chewing greedily on a foreshank and brisket from the first at hand.

" ...URP... 'scuz me... Prosecutor Grayson, the state's witness seems unresponsive to summons. If you have others to call, please provide a list of names.
Considering her previous cooperation and the length of these procedings, I'll not summarily find her in contempt, but entrust to your judgement the matter of calling a case or not.
*slurp* *gulp*
Balerion, does the defense wish to call witnesses, if so please provide the court a list of names?
*chew*
Iffy not, prepare your statementses gentle-creatures. The court will hear final argumentses come Monday.
Imma like to rule on tis farrago before swimmin' season. "

Efficiently, a round of gavel banging both punctuated the judge's orders and reduced the rotting carcasses to appetizer-bite sizes. Greedily munching one a handful of the shards, Logo indicated the open bag with other, inviting all present to a share of the feast.