Brad Holmes
Cunstaval to Maritiimi-Maxhestic
Atatürkey, and flying by the seat of my RUMP
Posts: 1,014
Talossan Since: 3-16-2006
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Post by Brad Holmes on Jul 29, 2014 8:03:28 GMT -6
The following filing was received on Sunday 27JUL14 from the Attorney General. In addition, please find attached two of five exhibits. This case is assigned to His Honor, Dr. Txec Nordselva. God Save the King! Clerk EDIT: I appear to be experiencing bandwidth issues trying to upload the actual case filing. It has been emailed to the Magistrate. I will attempt an upload later when ship's resources might be more available. Unless the Magistrate beats me to uploading it.
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Brad Holmes
Cunstaval to Maritiimi-Maxhestic
Atatürkey, and flying by the seat of my RUMP
Posts: 1,014
Talossan Since: 3-16-2006
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Post by Brad Holmes on Jul 29, 2014 8:08:53 GMT -6
Please find attached the remaining three exhibits. Clerk
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 29, 2014 14:32:02 GMT -6
The court has received the complaint (see attached). As S:r Kildow does not currently have access to Wittenberg nor has the court been notified as to his counsel, it is hereby ordered that the Minister of Immigration and the Seneschal restore access to S:r Kildow via a visitors visa. S:r Attorney-General, has the defendant been served? The court notes that as part of the filing, a request for an injunction regarding the termination of the citizenship of S:r Kildow and the other alleged "sock-puppets" has been included. The court will rule on that motion first. However, it will wait until counsel is named by S:r Kildow before holding the hearing. People vs ESB.pdf (547.54 KB)
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Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Jul 29, 2014 14:55:12 GMT -6
I have been waiting for some time to be confirmed as an ex officio member of the Bar so as to represent Mr Kildow (if he is still amenable - I will need to get in touch with him now this ball is rolling again). So I'm not his counsel yet - but I might be!
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Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Jul 29, 2014 17:17:39 GMT -6
Having spoken to Sreu Bornatfighleu I can confirm he wants to retain me as counsel. Whilst waiting to see if the Bar will admit me could the Cort perhaps recognise me as an amicus curiae in a rather hazy capacity so that I might approach the bench legitimately.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 29, 2014 17:47:22 GMT -6
The court so recognizes and welcomes you S:r Edwards. However, under Lex.G.3.8. S:r Kildow may appoint you S:r Edwards as his legal counsel, to wit, "3.8. Individuals who are party to an action brought before a Court of the realm and cannot find suitable legal representation due to a shortage of qualified practitioners of law, conflicts of interest or for personal reasons to be outlined in a petition presented before the cort, may apply for a waiver to permit any adult Talossan citizen to represent them before the Cort in a specified legal action serving as a legal proxy."
All the court needs is for S:r Kildow to make application for a waiver and the court will happily grant such request, if for no other reason, than for your long service on the bench.
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Post by Magniloqueu Épiqeu da Lhiun on Jul 29, 2014 18:56:07 GMT -6
The court has received the complaint (see attached). As S:r Kildow does not currently have access to Wittenberg nor has the court been notified as to his counsel, it is hereby ordered that the Minister of Immigration and the Seneschal restore access to S:r Kildow via a visitors visa. S:r Attorney-General, has the defendant been served? The court notes that as part of the filing, a request for an injunction regarding the termination of the citizenship of S:r Kildow and the other alleged "sock-puppets" has been included. The court will rule on that motion first. However, it will wait until counsel is named by S:r Kildow before holding the hearing. No, your Honour, the defendant has, as of yet, not been served, due to a double filing, and uncertainty of whether this would actually be processed, or not. I have just sent out the papers to S:reu Börnatfiglheu, please consider him as duly served as of July, 30th 2014, 02:55 a.m., GMT+2.
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Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Jul 29, 2014 18:58:11 GMT -6
Thankyou. I aim to file an amicus brief (or indeed a counsel's brief) tomorrow relating to the proposed injunction as well as to the matter of the competency of this Cort to see this case.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Jul 29, 2014 18:59:11 GMT -6
Thank you S:rs da Lhiun and Edwards. Once the matter of counsel for the defendant is sorted out, the court will hear arguments as to the injunction against the termination of citizenship.
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Post by Magniloqueu Épiqeu da Lhiun on Aug 1, 2014 2:25:00 GMT -6
Your honour, my arguments are presented in the initial complaint. Should the court have specific questions, I'm glad to answer them. The prosecution is, at the moment, concerned of the impartiality of this tribunal, since the Magistrate is also part of the Chancery as the Secretary of State's Deputy.
We therefore request, at this time, that Magistrate dal Nordselva recuse himself from this case.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Aug 1, 2014 7:44:13 GMT -6
As I was not a member of the chancery at the time these actions occurred and I am fully able to remain impartial, the court sees no reason why it should recuse itself.
As to the request for an injunction against the chancery, the court is concerned as to how that office will be represented in this proceeding. Is it the intention of the Attorney General's office to represent the Chancery?
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Post by E.S. Bornatfiglheu on Aug 1, 2014 10:58:54 GMT -6
Estimats Magistrate Nordselva,
I would hereby like to apply for a waiver allowing S:reu Owen Edwards to function as my counsel. Though he is not of the bar, his service on the bench should more than qualify him.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Aug 1, 2014 12:19:51 GMT -6
The waiver is granted and the court recognizes S:reu Edwards as counsel for the defendant.
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Owen Edwards
Puisne Justice
Posts: 1,400
Talossan Since: 12-8-2007
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Post by Owen Edwards on Aug 1, 2014 12:20:13 GMT -6
Your Honour -
Submission Regarding Proposed Injunction on Writ of Termination The defence supports the prosecution's proposed injunction. We are frankly shocked that the Chancery terminated the citizenship - indeed if Mr Kildow had not himself later confirmed that he had renounced in that (very pressured) phone conversation with His Majesty there might have been earlier legal action. Though the defendant may well lose his citizenship as a result of this case - and has not himself pressed for the Writ to be overturned - the injunction certainly seems a clear application of the Organic Law on this point. It would also clear up the matter of jurisdiction entirely.
(Brief) Submission Regarding the Capability of this Cort to Sit This Case Though we take it that the AG has withdrawn his request to have this case sat by the CpI a few remarks may still help. Even if the above injunction were not granted (thereby clearing up the issue of jurisdiction) we are confident that this Cort can sit this case. Mr Kildow has placed himself "in custody" so to speak where the previous judgment concerned a matter where the defendant did not do so. The issue was essentially equivalent to the matter of extradition requests. Mr Kildow has "returned" to the country where he is charged to face the music - no extradition request is required and so no extradition treaty is required.
Furthermore the recent Marcianus vs Davinescu case presents a clear precedent that our Corts accept foreign plaintiffs - it would border on the darkly comical if we could not try foreign criminals (at least in theory).
Thankyou.
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Dr. Txec dal Nordselvă
Puisne (Associate) Justice of the Uppermost Court
Fraichetz dels punts, es non dels mürs
Posts: 4,063
Talossan Since: 9-23-2012
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Post by Dr. Txec dal Nordselvă on Aug 1, 2014 12:32:09 GMT -6
The court has come to a similar conclusion regarding jurisdiction and in fact it was this very court that established that precedent.
In regards to the injunction request from the plaintiff and indeed agreed to by the defense, the court will rule on that matter once the Chancery has had an opportunity to address the court. As the plaintiff has presented the court with its complaint, the court now asks the defendant for a plea. In accordance with the rules of the courts, the defendant may enter one of three pleas: (1) guilty as charged; (2) guilty of a lesser charge or charges; and (3) not guilty as charged.
How does the defendant plea?
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