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Criminal Trial CTC1: TEP Vs. East Shlibobia; Trial Portion A: Preliminary Proceedings
Topic Started: Feb 28 2007, 01:27:20 PM (1,895 Views)
East Malaysia
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Your Honor,

Clearly this section of the evidence presented, defined as "Tarted," makes it evident to the State that the defendant was endo-swapping a great deal. It takes a lot of effort to get a certain amount of endorsements, which you cannot suddenly jump to one amount to a much higher amount quickly. Just plain endorsement does not meet the requirement in which this case details. Endo-swapping is the only possible means, and the second charge clearly should still be allowed under these circumstances.
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Kangarawa
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Your Honour,

No proof was submitted that my client offered to endorse another nation should it endorse him in return. Simply endorsing another nation does not imply that "endo-swapping" has occurred, regardless of how many other nations have been endorsed.

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Free Pacific States
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Number One Drone
On the one hand, the prosecution is trying to prove that the defendant hoped to gain endorsements by endorsing other EP UN members on a massive scale. The defense wants to prove that the defendant was merely endorsing for some innocent reason. Regardless of which is true, this argument is entirely based on intent. And it is not my duty to judge intent in a motion hearing; it is my duty to judge intent during trial.

As such, the defense's motion to dismiss is denied. I look forward to hearing this argument in more detail and with more evidence at trial.

On another note, this brings up another pre-trial requirement I forgot to mention. Before we proceed to trial, would the prosecution please post a list of the exact charges being levied against the defendant? Thank you.

And if there are any other matters that any party wishes to bring up before the trial begins, now is the time.
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Gnidrah
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Former Delegate
Answering on behalf of the Attorney General, the charges being levied by the prosecution are:

  • Attempting to Unlawfully Gain the Position of Delegate
  • Endorsement Swapping
That is all. Thank you, your honour.
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Kangarawa
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There is nothing else from the defence, Your Honour, other than it would like to add the former Delegate, 1 Infinite Loop to its list of witnesses for the defence.
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Free Pacific States
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Gnidrah
Mar 31 2007, 06:49 PM
Answering on behalf of the Attorney General, the charges being levied by the prosecution are:


  • Attempting to Unlawfully Gain the Position of Delegate

  • Endorsement Swapping

That is all.  Thank you, your honour.

Erm, yes, I'm aware of the general charges against the defendant. I was hoping the prosecution would provide the specific statutes by which they are charging the defendant...so I can make sure there isn't a repeat of what happened in TEP versus Taeem.

EDIT: Understood, Kang.
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Gnidrah
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Free Pacific States
Mar 31 2007, 06:11 PM
Erm, yes, I'm aware of the general charges against the defendant. I was hoping the prosecution would provide the specific statutes by which they are charging the defendant...so I can make sure there isn't a repeat of what happened in TEP versus Taeem.

My apologies. I will have the Attorney General provide the specifics/citations soon.
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Kangarawa
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Your Honour,

Might I request that the Prosecution define what is meant by "soon"? In fairness to my client, it has been seven days ...
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Free Pacific States
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Number One Drone
You know, I was wondering the same thing, Kang.

Would the prosecution please provide those charges ASAP? I'd like to move onto the trial phase...we've been in pre-trial for over a month, which is about twice as long as I'd wished to be in the first place (though admittedly my vacation is greatly at fault for that).
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Free Pacific States
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Number One Drone
Though there is no stipulation in any EP Law or the EP Charter calling for a speedy charter...*insert bad judicial joke here*.
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East Malaysia
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Your Honor,

I am sorry for my lateness, but here are the requested information:

Revised Endorsement Restriction Act
3rd Assembly, Bill MA-1
Chapter 3, Section 7, Subsection 2

Endorsement Swapping
 
Any person found to be endorsement swapping is guilty of an indictable offence and is liable to be banned from the East Pacific for life.

Revised Endorsement Restriction Act
3rd Assembly, Bill MA-1
Chapter 3, Section 7, Subsection 3

Endorsement Swapping
 
Where a prosecution occurs under this section, the court shall in sentencing accept as a mitigating factor ignorance of the unlawful status of endorsement swapping should it be satisfied that the defendant had no intention of unlawfully gaining the position of Delegate, or aiding or abetting an attempt to unlawfully gain the position of Delegate, and shall moderate its sentence at the court's discretion.

Revised Endorsement Restriction Act
3rd Assembly, Bill MA-1
Chapter 2, Section 3, Subsection 2

Endorsement Cap
 
Any nation which is found to be breaking the endorsement cap in order to unlawfully gain the position of Delegate, or in order to aid or abett an attempt to unlawfully gain the position of Delegate, is guilty of an indictable offence and is liable to be banned from the East Pacific for life.

East Pacific Charter
Chapter 1, Section 1, Subsection 8

Executive
 
During the period of the delegate’s incumbency, all nations are actively prohibited from campaigning for the delegacy, and the legislative house is instructed to make such laws as are necessary to enforce this.

East Pacific Charter
Chapter 2, Section 2, Subsection 1

Charges of the Individual Nations
 
No nation shall seek to overthrow the government of the East Pacific, or by their actions, to see it weakened.
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Kangarawa
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Your Honour,

As my client's endorsement count was 55 at the time of his ejection, I would ask that the third charge,

East Malaysia
 

Revised Endorsement Restriction Act
3rd Assembly, Bill MA-1
Chapter 2, Section 3, Subsection 2

Quote:
 
(Endorsement Cap)
Any nation which is found to be breaking the endorsement cap in order to unlawfully gain the position of Delegate, or in order to aid or abett an attempt to unlawfully gain the position of Delegate, is guilty of an indictable offence and is liable to be banned from the East Pacific for life.


be dropped immediately. I will deal with the definition of "endorsement swapping" and the precedent set for the proof of such during the trial.
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Free Pacific States
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Number One Drone
Does the prosecution have a response?
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Your Honor,

At this time we will not fight against the removal of that charge, seeing no way to legally fight for its allowance.
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Kangarawa
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Thank you, Mr. Prosecutor.
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Free Pacific States
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Number One Drone
Are there any other pre-trial matters that either the prosecution or defense wish to address? If not, please say so immediately. If so, please post such immediately.
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East Malaysia
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Your Honor,

The prosecution has no further pre-trial matters to address.
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Kangarawa
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Just one, Your Honour.

The Defence wishes to add Kandarin to its list of witnesses. I had intended to do so at the same time I added the former Delegate, 1 Infinite Loop and sincerely apologise for the oversight.
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So be it. If there are no other matters, I shall proceed to convene the trial in a new thread.
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