[Justice] Report and Recommendation: in re: Ben-Ard, et al.

[Avocat-Xheneral]

Ministry of Justice  

Office of the Attorney General  

---

To the Esteemed Members of the Ziu: 

Please find attached the Report and Recommendation issued on December 27, 2017 by the Ministry of Justice that concludes the Investigation into the Conduct and Actions of the Honorable Béneditsch Ardpresteir, et al. Also please find exhibited cited therein, uploaded as a separate file due to spacial limitations. 

Report and Recommendation Report and Recommendation - In Re Ben-Ard ....pdf (410.57 KB)
Exhibits In Re Ben-Ard Exhibits.pdf (758.4 KB)


                                                                            Viteu Marcianüs

                                                                            Avocat-Xheneral

                                                                            Ministry of Justice

                                                                            The Kingdom of Talossa

[Magniloqueu Épiqeu da Lhiun]

Thank you, S:reu Avocat-Xheneral. The Senäts will begin discussions regarding this shortly.

[Béneditsch Ardpresteir, O.SPM.]

I, being the Justice in question, request for an audience in both the Chambers of the Ziu, or written statement in lieu thereof, since the Ministry of Justice through the Advocat General went on a spree and be instrumental in conducting multiple proceedings against a single alleged action of a Judicial Officer and bordered on forum shopping whilst not giving a proper audience to the said Justice even during the alleged interrogation being conducted by his Ministry which is explicit from the AG's own averment:

" On November 24, 2017 , the Attorney General submitted the following request to Ben-Ard by way of e-mail:
a. Please be advised that your response and corporations is requested in the investigation concerning your actions as a Justice of the Uppermost Cort of
Talossa.
b. Pursuant to the procedure outlined and published to Wittenberg, talossa.proboards.com/post/155801/thread, please respond by Friday, November 1, 2017, 3:00 PM (EST). ..." (emphasis supplied).

Even if the same is considered to be a typographical error, the slight should have been corrected by the Ministry of Justice and appropriate measures taken.

Further the fact that the Ministry chose to oversee and overlook the error even while proposing the recommendation shows that the recommendation was not proposed judiciously, but demonstrates that the AG who heads the Ministry was predetermined with such recommendation whatsoever be the documents/ exhibits. On the other hand, the AG chooses to exhibit excerpts from the ChatRoom without disclosing the location of the posts.

In light of the same, the recommendation deserves to be disregarded as it is against the basic tenets of English natural justice and American due process.

Béneditsch Ardpresteir, O.SPM.
Justice of the CpI

[Magniloqueu Épiqeu da Lhiun]

Dec 28, 2017 3:35:15 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

I, being the Justice in question, request for an audience in both the Chambers of the Ziu, or written statement in lieu thereof, since the Ministry of Justice through the Advocat General went on a spree and be instrumental in conducting multiple proceedings against a single alleged action of a Judicial Officer and bordered on forum shopping whilst not giving a proper audience to the said Justice even during the alleged interrogation being conducted by his Ministry which is explicit from the AG's own averment:

" On November 24, 2017 , the Attorney General submitted the following request to Ben-Ard by way of e-mail:
a. Please be advised that your response and corporations is requested in the investigation concerning your actions as a Justice of the Uppermost Cort of
Talossa.
b. Pursuant to the procedure outlined and published to Wittenberg, talossa.proboards.com/post/155801/thread, please respond by Friday, November 1, 2017, 3:00 PM (EST). ..." (emphasis supplied).

Even if the same is considered to be a typographical error, the slight should have been corrected by the Ministry of Justice and appropriate measures taken.

Further the fact that the Ministry chose to oversee and overlook the error even while proposing the recommendation shows that the recommendation was not proposed judiciously, but demonstrates that the AG who heads the Ministry was predetermined with such recommendation whatsoever be the documents/ exhibits. On the other hand, the AG chooses to exhibit excerpts from the ChatRoom without disclosing the location of the posts.

In light of the same, the recommendation deserves to be disregarded as it is against the basic tenets of English natural justice and American due process.

Béneditsch Ardpresteir, O.SPM.
Justice of the CpI

The Senäts hears your concerns, and may choose to address them shortly.

[Avocat-Xheneral]

Let it be known that the AG acknowledges the typographical error but further notes that the individual in question could have responded by pointing out the typo and requested clarity. This merely reinforces the R&R's conclusion that the individual has shown nothing but contempt for the laws of Talossa. Further, it should be noted that, contrary to the individuals assertions, this was not a judicial proceeding and therefore does not require the due process required due in such proceedings. Nevertheless, the choice to disregard the judicial proceeding remains intact.

It is submitted to the Ziu that Ben-Ard was afforded a fair opportunity to be heard and chose not to engage. He now complains about forum shopping, which is inherently without merit, confuses an administrative investigation with a judicial proceeding, and raises utterly irrelevant issues (e.g., the exhibits taken from the Chat room).

If Ben-Ard wished to address either the investigation or judicial proceeding, he should have done so when appropriate, instead of introducing collateral issues that have no baring on either.

[Avocat-Xheneral]

Finally, the AG informed Ben-Ard that he would be afforded the chance to submit a statement well before the request was sent, as a professional courtesy. Something he conveniently omits. 

The AG acknowledges the delays and deficiencies in the investigation but maintains that its integrity and reliability remain intact. 

[Munditenens Tresplet]

Dec 28, 2017 5:04:26 GMT -6 Magniloqueu Épiqeu da Lhiun said:

Dec 28, 2017 3:35:15 GMT -6 Béneditsch Ardpresteir, O.SPM. said:

I, being the Justice in question, request for an audience in both the Chambers of the Ziu, or written statement in lieu thereof, since the Ministry of Justice through the Advocat General went on a spree and be instrumental in conducting multiple proceedings against a single alleged action of a Judicial Officer and bordered on forum shopping whilst not giving a proper audience to the said Justice even during the alleged interrogation being conducted by his Ministry which is explicit from the AG's own averment:

" On November 24, 2017 , the Attorney General submitted the following request to Ben-Ard by way of e-mail:
a. Please be advised that your response and corporations is requested in the investigation concerning your actions as a Justice of the Uppermost Cort of
Talossa.
b. Pursuant to the procedure outlined and published to Wittenberg, talossa.proboards.com/post/155801/thread, please respond by Friday, November 1, 2017, 3:00 PM (EST). ..." (emphasis supplied).

Even if the same is considered to be a typographical error, the slight should have been corrected by the Ministry of Justice and appropriate measures taken.

Further the fact that the Ministry chose to oversee and overlook the error even while proposing the recommendation shows that the recommendation was not proposed judiciously, but demonstrates that the AG who heads the Ministry was predetermined with such recommendation whatsoever be the documents/ exhibits. On the other hand, the AG chooses to exhibit excerpts from the ChatRoom without disclosing the location of the posts.

In light of the same, the recommendation deserves to be disregarded as it is against the basic tenets of English natural justice and American due process.

Béneditsch Ardpresteir, O.SPM.
Justice of the CpI

The Senäts hears your concerns, and may choose to address them shortly.

As does the Cosâ. Along with the Senäts, we will determine the appropriate course of action to take in order to address your concerns. Fairness and due process throughout the coming debate on this report is important for all parties involved, and it will be respected.