The People of New Edom v. Admiral Charles Rand (ICC case)

[Bergnovinaia]

Ms. Romo was led back into the court room, seemingly more calm than before. Justice Hanes spoke before the court into his microphone. "Ms. Romo," he began. "I have discussed the matter of your obscene rhetoric with some of the other justices and I have decided to meet Justice Roll half way on his contempt charge. Ms. Romo, the court finds you in civil contempt of the court for your rhetoric and you shall be fined $500 or the Bergnovinaian scholarship equivalent. We may proceed with this trial, but I must say, Ms. Baku, that your character witness circus is getting rather dull--Romo has a point, after all. It just hasn't been stated very properly." Justice Hanes took a sip of water before continuing.

"As for you, Admiral. I suggest that we continue with the proceedings. Although the court has found Romo in contempt, she is apt enough to defend you against these charges. You do, however, have the right to ask for different consul, although that would cause a mistrial. Please, let me know what you wish to do. No response will be treated as indifferent and we shall continue the case. In the mean time, Ms. Dalton... (even I mistook your gender...), please answer the rebuttal questions that were posed to your prior to the recess, or at least the ones that aren't obscene. Thank you." Justice Hanes leaned back in his chair. Sheesh, what a shit-storm this is, he thought.

[The Republic of Lanos]

Roll had to defend himself passionately over the whole contempt issue, even over the hearing that (for some reason) had to have been a separate contempt trial! However, the matter was dead and now he could focus on things again.

"Yes, let's continue with the trial...but I do ask that no one go out of line or next times, I'll have Justice Hanes do the hearings."

[Bergnovinaia]

Roll had to defend himself passionately over the whole contempt issue, even over the hearing that (for some reason) had to have been a separate contempt trial! However, the matter was dead and now he could focus on things again.

"Yes, let's continue with the trial...but I do ask that no one go out of line or next times, I'll have Justice Hanes do the hearings."

"Justice Roll... the whole court does the proceedings. We need a majority to proceed. However, given that the justice from Soviet Canuckistan is sleeping, the one from Knootoss has not yet checked in, Christian Democrats is somewhat tied up, etc., I feel that we should only proceed on the compromise."

[Mount Angel]

Dalton cleared her throat. "Yes, your honor. I apologize if my testimony seems irrelevant. I was called here to testify that I saw unlawful arrests. That is what I am testifying to. As to who is responsible, that is not for me to say. But I am not attempting to impinge Admiral Rand's character; I am simply stating what I saw and felt, as I was asked to do."

The major took a deep breath. "Now," she said slowly, "let me see. First, you asked me about my duty as a peacekeeper. Frankly, I am...uncertain as to the relevance of that for this case. Am I on trial here for something I was tempted to do, but didn't? Am I on trial for how I felt? I do not understand what you are asking me to tell you, Ms. Romo, or why it matters to the case. If you can clarify the question for me, I will do my best to answer."

"Now, second, you asked me if I was aware of the EIO. I was, and I am. I lost comrades and friends to their attacks. Have you heard of the Battle of Carnmag, Ms. Romo? Or of the Battle of Ban's Village? Angelan peacekeepers were attacked by EIO terrorists, and they died trying to protect the civilians of Raith Immel. Dozens of them, hundreds, slain where they stood. So yes, I know all about the EIO. But you say that the Council Police had every right to arrest these refugees if they felt that they were terrorists, and there we differ. I am no expert on the law, but I'm pretty sure that arrests undertaken without a shred of proof, on the basis of suspicion alone, and in such a way as to ensure that no one knows who is arrested or where they are being taken - well, I'm pretty sure those qualify as unlawful arrests. And that's what I was called here to testify about." Dalton took a deep breath. "And while the Council Police are not obliged to answer to me, neither should they be allowed to make New Edomite citizens vanish off the face of the earth - which, as far as I can tell, is what happened to those refugees. If they wouldn't tell me where they were being taken, they should have told some outside observer - and they didn't."

"As for how all of this is tied to the Admiral - I don't know. I am just telling you what I saw. But someone gave Major Zerchi his orders. And if that person was the Admiral, then he is surely every bit as complicit in what happened as the major and the Council Police. Someone was behind all of this." Dalton shrugged. "I don't know if that person was the defendant. I certainly can't prove that it was. But I have trouble imagining, given the military and political situation in Raith Immel at the time, who else it could have been."

[Liriena]

"Then, there have been human rights violations in this conflict...namely, unlawful arrests...but you have no proof other than what could only be described as a gut feeling, Major Dalton?"

Justice Illia suddenly spoke up, his voice being almost incoherently calm. His expression was gentle, reassuring.

"Justice Roll...I agree with Justice Hanes. Same goes to Ms. Baku. While I can see that your witnesses are most certainly not lying, despite their speeches being rather melodramatic, I still don't see any connection between Admiral Rand and these potential human rights violations."

He then turned to Admiral Rand and Ms. Romo.

"I would like to hear what the Admiral has to say, once Major Dalton has answered your rather repugnant, and borderline irrelevant attack on his character. Also, Ms. Romo, I agree with the fine imposed on you, and kindly suggest that you change your tone. The events for which your client is being trialed are brutal enough without your excessively aggressive rants."

[Soviet Canuckistan]

Vaclav woke up with a startle as he was mentioned by the justice from Bergnovinaia and quickly began to mumble a bunch of gibberish before sitting up straight and adjusting his suit. He quickly read over his case files and got a court clerk to pass him a transcript of what has just happened. He took a deep breath and began to speak, "It doesn't matter what you saw the Council Police do, Major Dalton, the only thing that matters is what Admiral Rand did, if there was concrete proof like a communication between him and the Council Police, how do you know the arrests weren't just ordered by a bunch of rogue officers going against the Admiral's orders?"

[Nalaya]

In the crowd, Siri was sitting rigid, stomach churning in disgust. These damn people were everything she had heard about, wastes of oxygen. There was no contempt of court in her country, because there were no lawyers. Nothing made her appreciate the system at home more than this demonstration of repulsive behavior and pointless antagonism. They weren't after the truth. They wanted to win.

It was enough to gag a vulture.

She bent over so her elbows were balanced on her knees, reading a book of poems from her homeland. They were the words of one of the few Imanalov' poets that consented to being published, and they brought peace. Clarity. She had always admired that quality in the few she had serving under her.

There is nothing you must do
There is nothing you must be
But it helps to remember that fire burns
And when it rains, the earth gets wet.

She had opened it to that poem so many times it broke the spine of the paperback there permanently. When she read it now, murmuring it to herself as she did so to block out the obscene noises of the courts, she felt calmer. Like the memories were further away. It was enough that she could feel things like love again clearly.

[Christian Democrats]

At the bench, Justice Butler lifts his head up (from watching Olympics coverage on his phone). "May the rest of the trial proceed in a more orderly manner. Please try to be respectful; this is a courtroom, not a circus." He fumbles through some notes. "No one has answered my earlier question: Were the detained Elwe ever formally accused or charged with crimes?"

The judge's head turns downward again, presumably so that he can read his notes.

"Shoot! I've lost my damn connection," he mumbles to himself. What an inconvenient time for a trial, he thinks.

[Mesoland]

"Your honour, if I may answer this question? As far as we have been able to gather, there are no records of any of the Elwe tribes-people ever being tried or accused of any crime and all of the aforementioned captured and arrested Elwe people are listed as missing people. We can only assume that they have been disposed of or that they remain in custody at a concealed location." Miss Baku piped up, reading from her notes that she had spread out in front of her.

[East Klent]

Justice William Fuler had looked on as the chaos of contempt and disorder distracted from the point of the trial. He agreed that the witnesses called thus far were testifying to the same events but they could not do more than was asked of them. He also agreed that Ms. Romo was on the verge of persecution while cross-examining the witnesses and that she had hopefully learned her lesson via the fine placed upon her.

Justice Fuler was pleased that Justice Butler had contributed to bringing the case back on track and noted the response given by Ms. Baku; however, from his position he could see that Justice Butler was not focusing on his notes but his phone and cleared his throat as a slight warning.

Fuler could also see the reactions of the other witnesses and could not help but feel sorry for them because of this delay in their lives.

"Please don't let this court fall to the same fate of its predecessors and thus delay the finding of truth and justice for these people," he mumbled to himself.

[Bergnovinaia]

Ms. Romo turned to the panel, trying to maintain her composure. "I am amused, your honors. This witness was called to testify on something that she cannot directly link to my client. I... I am honestly trying to maintain my composure because I do not want a noter contempt charge against me, but this should at least warrant some concern from the court, in my professional opinion." Ms. Romo walked back over to the witness stand. "One final question, Ms. Dalton, and then I am done with my cross. Correct me if I am wrong, but... there is no WA legislation that makes it illegal to arrest a person without giving them, or the media a valid reason as to why. Are you stating that your own opinions concerning proper arrests somehow over-ride international rights for nations to define their own sovereignty? Please answer this one question, and then I have concluded and the prosecution may call their next witness." Ms. Romo stepped down, hoping she was not, yet again, out of line.

OOC: The admiral does not have to speak unless he so wishes to do so (in his defense), per the ICC case rulings, I believe. If he does, I will call the Admiral when I begin the defense's case. Thank you very much.

[Mount Angel]

"Ms. Romo," Dalton replied impatiently, "we've been over this before. I am a military officer of the Angelan Lay Auxiliaries. I was called here to testify to unlawful arrests. I am not an expert on international law, and I have no idea whether or not there is a law making it a crime to arrest a person without telling them or the media why. I reiterate that that's not all that happened: these people were also arrested en masse, on the basis of suspicion rather than of proof, and neither their names nor their destinations were released, which makes habeas corpus impossible. Now, I am not an expert on WA legislation, but if there is any point of international law forbidding any one of those practices, then the arrests were unlawful. Whether or not that is the case is for legal experts, not military officers, to decide. Does that answer your question?"

[Bergnovinaia]

"Good. I was just clarifying that you have no valid testimony to this trial whatsoever concerning my client's implications to these matters, nor whether or not the arrests actually broke international laws." Ms. Romo stepped back. "The defense rests, your honors."

"The prosecution may call its next witness, Ms. Baku," said Justice Hanes. "Let's keep it relevant though, shall we?"

[New Edom]

Peter Misabel wrote a note to Ms. Baku, saying:
A key witness is Zerchi himself. These are merely setting the stage, do not lose hope. Major Zerchi will have to testify or lie about the fact that he and his immediate superior in the area, then Colonel and now Brigadier-General David Asher were reporting to Rand personally. Also I've been advised that the Minister of Police, John Kohath, will be available to testify now; he may have some interesting things to say. I suggest having an investigator interview him.

[Mesoland]

Baku took the note and nodded her head. Misabel was right, and she was planning to call Zerchi next, however she had something she wanted to point out to Ms. Romo first. "If it so pleases the court, I'd like to make a statement directed to Ms. Romo and the High Bench concerning her previous comments about international and WA law, specifically GAR #37. One of the provisions of GAR #37 reads as follows; REQUIRES that evidence-giving, any addressing of the trial adjudicators by either the prosecution or defence, and any procedural or legal directives made by the trial director shall be open and transparent, excepting that individual evidence-giving may be done with the public excluded if the trial director agrees that openness would present a risk to national security.

"This excerpt from GAR #37 shows us that Major Dalton and Miss Russel's testimonies were indeed relevant contradictory to what Ms. Romo has said because they were depicting an event that breached the terms of a General Assembly resolution. The arrests and the trials, rather the non-trials, of the Elwe people were anything but transparent as this passage requires them to be, an obvious breach of WA law.

"Anyhow, I hope you have taken note of what I just said and I would now like to question my next witness, Major Zerchi of the Police Council who will testify under oath that he was acting under instruction from Admiral Rand when he made arrests upon Elwe tribes-people."

Miss Baku cleared her throat and turned to face Zerchi. "Major Zerchi, I have a lot of questions for you so let's keep this first one simple; what were the exact instructions Admiral Rand gave you when you entered Brightwater and was it indeed Admiral Rand who gave you those instructions?"

[New Edom]

Major Zerchi sat down; he was a man with a dark olive tan, eyes sunken beneath strong brows and a short dark greying hair; he was clean shaven and had a blunt nose and chin, and wore a black leather uniform jacket with a black shirt beneath, wearing his decorative ribbons. His uniform was very neat and clean. "I'm afraid I cannot disclose this information at this time without specific orders from my superiors as the orders in question are considered vital to the National Security of the Allied States of New Edom. You can contact General Sidney Harcourt, GOC Internal Security Division."

[Bergnovinaia]

"Mr. Zerchi!" blurted out Justice Hanes into the microphone. "You have been subpoenaed before this court today to testify for the prosecution about what happened in concerns to Admiral Rand. I don't give a rat's ass about national security or whatever on this matter. Either testify, or you will be held in contempt of court, fined, and likely charged with obstruction of justice."

[New Edom]

Major Zerchi crossed his legs and smoothed out his uniform pants and said mildly, "If your Honour feels compelled to hold me in contempt, then your Honour will be obliged to do so if it is your Honour's duty. I will in turn have to carry out my own duty. I have been sworn to secrecy on certain matters which pertain directly to the national security of my country. I am obliged to maintain this secrecy unless otherwise ordered by a superior officer with the correct clearance to do so. When that takes place I will be delighted to answer that question."

[Bergnovinaia]

"I do not care what your duties are, Major," replied the Justice. "You are making a mockery of the court. I'll give you one last chance, answer the questions, or I will find you immediately in contempt, and order your arrest for obstruction of justice."

Meanwhile, Ms. Romo sat at the defense table snickering away next to her client. Wow, she thought. If the prosecution's main witness will not testify, I will have a very easy defense.

[The Republic of Lanos]

"I do not care what your duties are, Major," replied the Justice. "You are making a mockery of the court. I'll give you one last chance, answer the questions, or I will find you immediately in contempt, and order your arrest for obstruction of justice."

Meanwhile, Ms. Romo sat at the defense table snickering away next to her client. Wow, she thought. If the prosecution's main witness will not testify, I will have a very easy defense.

*notices what Ms. Romo is doing* *sigh* "Mr. Hanes, perhaps we should ask the Admiral for 'permission' (using his fingers to signify quotation marks)...after all, he is this man's superior. I also ask that no one make any outbursts or any other silliness."

[New Edom]

"May it please the court," said Peter Misabel, "Peter Misabel, representing the New Edomite Attorney-General as Deputy Attorney-General. Your Honours, may I suggest that rather than holding the Major in contempt that we call a recess on his testimony until we can get such an order? I can get it within a short time by contacting the Attorney-General and getting such an order from our government. Perhaps we could move on to the next witness and come back to the Major after that?"

[Bergnovinaia]

"Are you alright with such actions, Ms. Baku? If you are, we shall not call a recess but rather, have Zerchi step down and testify at a later point after all channels are followed. I will be holding Zerchi in contempt if his statements are not released, however. Why is it, Mr. Misabel, that this was not done prior to Zerchi's testimony, exactly?"

[New Edom]

"Your Honour, it was not possible earlier to do so as those officers and officials loyal to the elected government were not available to give such a release. We felt it better to subpoena the Major in the hope that he might willingly give the information rather than have him vanish into the woodwork, frankly. Now since Fineberg has been liberated from rebel hands a number of officials and officers held captive have been released and I'm sure that the ones who can give such orders will be glad to do so. If not, the surviving members of our senior cabinet can order them to." replied Misabel smoothly.

[Mesoland]

"I'm happy for that to happen, your honour, however I was never informed by anybody that Major Zerchi was unable to answer questions such as that. He agreed to testify in court that he had been receiving orders from Admiral Rand and that was all there was to it. There was no mention of him needing clearance to speak."

OOC: I'm going to be away between tomorrow and Friday and I may not have Internet access, so the case may have to wait until I return if it turns out that I don't have web access.

[Bergnovinaia]

"I'm happy for that to happen, your honour, however I was never informed by anybody that Major Zerchi was unable to answer questions such as that. He agreed to testify in court that he had been receiving orders from Admiral Rand and that was all there was to it. There was no mention of him needing clearance to speak."

OOC: I'm going to be away between tomorrow and Friday and I may not have Internet access, so the case may have to wait until I return if it turns out that I don't have web access.

OOC: or your new england counterpart could proceed...? Perhaps a recess is necessary though.