by Max Barry

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Thaecia v.
Xernon

Crimes alleged & laws in violation: The defendant failed to respond to a legally binding subpoena within 14 days of its enactment, which is a misdemeanour offence under LR 044 Article VIII Section XII.

Describe the facts of the case as you hold them to be: A subpoena for the defendant passed the House of Commons on or around the 11th of April 2022 (29d ago, BST). As such, the defendant had until on or around the 25th April 2022 (16d ago, BST) to respond to the subpoena, however failed to do so despite being contacted on Discord & Nationstates and having been online on Nationstates since the subpoena was issued.

This case has been accepted by the High Court of Thaecia. The pre-trial phase begins now.

Reminder: When the pre-trial phase begins, the region of Thaecia and the defendant have 24 hours to declare their legal counsel of the regional message board of the High Court. Legal counsel must be approved and registered members of the Thaecian Bar Association. The default counsel for the region of Thaecia, henceforth referred to as the plaintiff, is the Minister of Justice, but they may appoint a registered member of the Thaecian Bar Association to prosecute in their stead. If the defendant chooses to defend themselves, they do not need to be a registered member of the Thaecian Bar Association.

If the filing party would like to appoint an alternate prosecution please also indicate that within the next 24 hours.

Brototh
Dendrobium
Xernon

I declare brototh as legal counsel for Thaecia

Thank you.

The Court will now find counsel for the defendant, contact has been made over 24 hrs ago and no reply has been given.

As a first attempt, Mardis please appoint a registered Public Defender.

Of Altonianic Islands v Toerana V
---
Crimes alleged & laws in violation:

The Thaecian Constitution, specifically Article 2 Section 1b, the right to freedom of association.
---
Describe the facts of the case as you hold them to be:

Toerana V, the Communications Minister, has banned me from participating in the Thaecian governmental media organization, the Thaecian Tribune, after a harmless joke. He has staunchly refused to let me back into the server despite numerous apologies and requests. Due to the Tribune's status as a media organization, my right to participate is explicitly recognized by the Thaecian constitution.

Here is the right in full: "The right to free association; this includes the right to form or join a political group or media organization."

Toeran V's actions are obviously illegal, and I request that the Court force him to allow me to participate.

I assume the primary defense against this would be that the Tribune is a product of the Thaecian government and isn't privately run, however the Constitution is extremely clear that all media organizations are affected. The Tribune, in my opinion, falls under that category.

I also acknowledge that there is an ongoing trial. I am unsure if the Court wishes to do these trials in tandem, or if I'll wait a few weeks. I'm fine with either option, but would prefer the quickest course of action.

I appoint The Islamic Country of Honour as counsel for the defendant.

I withdraw my case.

Thank you Mardis.

The Islamic Country of Honour please attempt to make contact with the defendant to determine their plea. If you cannot achieve this within a reasonable timeframe the Court will enter the default plea of not guilty.

Of Altonianic Islands noted.

Given that ICH has resigned from being a Public Defender and removed himself from this case, Mardis please appoint another PD.

Any progress Mardis?

Brototh Vs Vedenmark

Alleged conduct of the accused: violation of LR 069 the no alt accounts act
Describe the facts as you hold them to be: vedenmark is like literally me so this is clearly a classic Xernon & Tomb situation so uh ban pls court mods!!!

Brototh wrote:Brototh Vs Vedenmark

Alleged conduct of the accused: violation of LR 069 the no alt accounts act
Describe the facts as you hold them to be: vedenmark is like literally me so this is clearly a classic Xernon & Tomb situation so uh ban pls court mods!!!

This case is declined.

Mardis can you please appoint another public defender? If this isn't done in the next 48 hours the Court will attempt to appoint counsel themselves to ensure that the defendant has adequate counsel as guaranteed by the Constitution.

Cerdenia would you be willing and able to serve as Counsel for the Defense? I see you are listed on the Public Defender registry and while the Court doesn't have the statutory power to force you to take this case, it would be greatly appreciated.

Democratized Peoples wrote:Cerdenia would you be willing and able to serve as Counsel for the Defense? I see you are listed on the Public Defender registry and while the Court doesn't have the statutory power to force you to take this case, it would be greatly appreciated.

I am willing to serve as counsel.

Wonderful.

Brototh and Cerdenia in the next few days please post your evidence forms and in the case of the defendant, their plea. If the defendant cannot be reached to make a plea, the default plea of not guilty will be entered.

Your honours,

As of about 48 hours from having attempted to contact the defendant for their plea, I have yet to have received any response. Therefore we shall proceed with the not guilty plea.

The default plea of not guilty has been lodged.

Brototh and Cerdenia please ready your evidence forms in the next 72 hours, if an extension is needed the Court would be glad to comply.

Democratized Peoples wrote:The default plea of not guilty has been lodged.

Brototh and Cerdenia please ready your evidence forms in the next 72 hours, if an extension is needed the Court would be glad to comply.

I may require between 12 to 24 more hours depending on my availability over the next 72 hours

The prosecution, and the defense if applicable, are asked to submit their evidence in the next 48 hours or formally ask for an extension with good cause, else this case will be dismissed.

Brototh Cerdenia

Your honours,

Considering our client is innocent, there is no possible evidence to be submitted on behalf of the defence.

Your honours,

The prosecution does not intend to abandon the charges, however the state awaits the results of the investigation into the June 2020 General Election, in which it is expected that the Congress of Thaecia will recommend charges to the Legal Affairs Minister against the defendant Xernon. Regardless of whether or not charges are recommended, the prosecution will push on with the charge of failure to obey a subpoena provided that the Court allows us to use that charge.
However, we will be temporarily withdrawing this case, so that in the event Congress does, as it likely will do, recommend further charges they can be properly considered and added to the case. I hope that we may soon entertain a proper legal case again in this august judicial body and I commend the defendant's attorney for being willing to take up this case when nobody else could do so. As always, the right to an attorney is key in our democracy.

In summary this case will be temporarily withdrawn by the prosecution so further charges may be considered and added.

Thaecia v.
Xernon

Crimes alleged & laws in violation:

High Crime - LR 044 Article VIII Section X (x1) The defendant utilised one alternate account to vote multiple times, hindering the democratic process of the region.
High Crime - LR 044 Article VIII Section X (x2) The defendant utilised between one and seven separate alternate accounts to vote multiple times, hindering the democratic process of the region.
Misdemeanour - LR 044 Article VIII Section XII (x1) The defendant failed to respond to a legally binding subpoena within 14 days of its enactment.

Describe the facts of the case as you hold them to be:

During the June 2020 General Election, which began on or around the 24th of June 2020 (709d ago, 1.9yr), the defendant utilised one alternate account to vote, hindering the democratic process of the region.
During the June 2020 General Election, which began on or around the 24th of June 2020 (709d ago, 1.9yr), the defendant utilised between one and seven separate alternate accounts to vote, hindering the democratic process of the region.
A subpoena for the defendant passed the House of Commons on or around the 11th of April 2022 (53d ago, BST). As such, the defendant had until on or around the 25th April 2022 (39d ago, BST) to respond to the subpoena, however failed to do so despite being contacted on Discord & Nationstates and having been online on Nationstates since the subpoena was issued.

Brototh can you detail the differences between counts one and two, they seem to be alleging, at their core, the same crime. If the only difference is the number of puppets potentially used, the Court would accept a case with those two merged if no substantive difference exists.

Democratized Peoples wrote:Brototh can you detail the differences between counts one and two, they seem to be alleging, at their core, the same crime. If the only difference is the number of puppets potentially used, the Court would accept a case with those two merged if no substantive difference exists.

The intended difference was that the evidence in the first count would focus much more substantially on a specific nation that will be mentioned in the evidence. However after further consideration of the evidence, I believe that it is not possible to prove beyond a reasonable doubt the second charge. There is a substantive difference in the charges and with sufficient evidence could stand separately, but it would be immoral for the state to present a charge that it does not feel has enough evidence for. As such the second charge will be withdrawn and the first charge shall be reworded as such:

High Crime - LR 044 Article VIII Section X (x1) The defendant utilised at least one alternate account and potentially up to eight alternate accounts to vote multiple times, hindering the democratic process of the region.

This case, Thaecia v. Xernon, has been accepted by the High Court of Thaecia. The pre-trial phase begins now. Specifically on the following two counts:
High Crime - LR 044 Article VIII Section X (x1) The defendant utilised at least one alternate account and potentially up to eight alternate accounts to vote multiple times, hindering the democratic process of the region.
Misdemeanour - LR 044 Article VIII Section XII (x1) The defendant failed to respond to a legally binding subpoena within 14 days of its enactment.

Mardis as JM you are the default prosecution, do you intend to prosecute this case?

Xernon please appoint your counsel in the next 24 hours.

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