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Nulla Bellum
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Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Mon Jul 24, 2017 11:43 am

Jutsa wrote:William walker pulls up in his little, yellow car.

"Hey, Senator Bella! I saw you on television and I wanted to pull up to give some doughnuts to these nice cops.
Also, is it me, or are you suffering some brain damage?
No offense, of course, but considering you seem to wanna kill a senator - hopefully not me, I-"

"Sir, please," an officer says as he walks up to William.

"Here you go." William shows the officer a doughnut.

"That's not what I'm talking about - but thank you." The officer grabs the doughnut.
"But we're not going to kill anyone, ok? The media's blowing this way out of proportion."

"That's good, because I also heard that the nearby town housing the guys you have hostage was set on fire or something.
Hey, Bella, want a doughnut?"


Senator Bella kept his eyes on the police sergeant, but answered Walker. "I didn't come here to kill anything but the idea that Fernão property owners can't defend themselves and their property against agression."
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Nulla Bellum
Ambassador
 
Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Mon Jul 24, 2017 11:56 am

Roosevetania wrote:But you don't control the police. You can't godmod the actions of the police.


ooc: I haven't. They have ignored every demand my character has made of them, and none of my posts have dictated the actions or dialogue of any cop. Hmmm. I wonder if there are any right wing fans of Senator Bella in the arriving SWAT teams. Or is everyone on scene a leftist drone? Chill out....
Last edited by Nulla Bellum on Mon Jul 24, 2017 11:59 am, edited 1 time in total.
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Jutsa
Senator
 
Posts: 4514
Founded: Dec 06, 2015
Inoffensive Centrist Democracy

Postby Jutsa » Mon Jul 24, 2017 12:05 pm

"Ah! In that case, good luck with that! Here, Ernst, take these doughnuts and give them to - wait, I thought Vig was in there.
Nevermind, I'm going to get out of here before I get shot, and maybe get some dry cleaning.
Also, hi Ernst, bye Bella, bye Ernst, by scary police guy that I saw when I was arrested for giving Nick that cupcake."

William jumps into his car and accidentally backs into a fire hydrant.

"Crud! Sorry about that - I'll pay you tomorrow when this whole thing's over. Visit my office, here's my card!"

William drives away, throwing a few business cards out the window.
Here is a list containing a bunch of factbooks I created that are Got Issues? related.
>List of issue ideas
>List of missing issues/options
>List of accepted issues~
^ I know this is hardly a flashy signature, but at least I have one now.

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Nulla Bellum
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Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Mon Jul 24, 2017 12:53 pm

Ainin wrote:OOC: I'm going to ignore the magical mob. They couldn't have gotten to the site in time.

"Senator," the sergeant repeats while putting emphasis on every single syllable, "I will repeat myself once more. Put the weapon on the ground. Your ignorance of the law will only make things worse for everyone involved."

Suddenly, a loud and high-pitched voice erupted from a factory window, amplified by a megaphone borrowed from the strikers. A scorned Maria had seen everything unfold from inside the building.

"This is the commissioner of police. You are under arrest on suspicion of unlawful weapon possession and resisting arrest. Drop the gun."



An officer breaks away from the confrontation and uses his cruiser to block the way of the tow truck. He orders the driver out and reads to him from a piece of paper in his pocket. "I am a duly-empowered law enforcement officer and I am invoking the power of posse comitatus. You are required by federal law to surrender this tow truck to me for as long as I deem necessary for the apprehension of a criminal suspect."


The tow truck driver meekly complies, stating that no vehicles that he has towed appeared on the list provided by the Forteleza Scrap Works, Inc. "I was just doing my job. May I have you badge number?"

Senator Bella snorted at the police commisioner and yelled back "When my lawyers are done I'm turning your house into a fuckin' pig farm and charging you rent, bitch!"

Bella then flipped his pistol handle out and handed it to the police sergeant. The others in Bella's entourage surrendered their weapons and allowed themselves to be arrested without further incident. "This is the moment your revolution dies, officer. You may want to pull your pension out of the Fernão stock markets before the phone servers overload with panicked investors."

+++++++

Later that night, several major businesses, companies, supermarket chains and department stores across the republic announced that they were closing down until the federal government definitively addresses the status of business property claims and employer's rights.
Last edited by Nulla Bellum on Mon Jul 24, 2017 12:56 pm, edited 2 times in total.
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Jutsa
Senator
 
Posts: 4514
Founded: Dec 06, 2015
Inoffensive Centrist Democracy

Postby Jutsa » Mon Jul 24, 2017 2:02 pm

"NEW! Get the new bracelet of youth!"
*click*
"Are you tired of old cars falling apart on you?"
*click*
"And as we can see, William Walker backed into a fire hydr-"
*click*
(music plays during a badly made commercial with no commentary)
*click*
"then come on down to Walker Electronics Incorpora-"
*click*
"tired of old cars falling ap-"
*click*
"Spongebob Squarepants! Then drop on the deck and flop like a-"
*click*
""And all this could be yours for just 19.95 (plus shipping and handli-"
*click*

"Well, nothing good is on, I suppose."
Jay Walker begins to go to bed, when a thought popped into his head. He soon realized that he skipped over something very important.

*Click*
"No, Spongebob, don't floor it!"
"OK, FLOOR IT!"
Here is a list containing a bunch of factbooks I created that are Got Issues? related.
>List of issue ideas
>List of missing issues/options
>List of accepted issues~
^ I know this is hardly a flashy signature, but at least I have one now.

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Nulla Bellum
Ambassador
 
Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Mon Jul 24, 2017 5:14 pm

Breaking news

Multiple lawsuits have been filed in federal court against the city of Foteleza, its police department, and specifically the police commissioner following police refusal to clear the Forteleza Scrap Works of trespassers following a sit-in by former employees which lead to an armed standoff. No shots were fired in the confrontation which led to the arrest of Senator Null Bella (LDP - Western Sarkar) on weapons charges. Bella and the men arrested with him have all filed $90 million civil rights lawsuits each against the Forteleza police commissioner, as we as seperate lawsuits against the police department as a whole and the city.

Several corporate and small business CEOs have pledged to join the Forteleza Scrap Works in a class action lawsuit seeking punitive damages against the federal government for failure to uphold their property rights.

Senator Bella remains in police custody awaiting arraignment and bail. His lawyers were optimistic bail would be met. Senator Bella has amassed a vast personal fortune from his book sales and syndicated radio show, and has the backing of several business and banking corporations who were astonished by police actively assisting people forcibly take and occupy company property.
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Ainin
Postmaster-General
 
Posts: 13968
Founded: Mar 05, 2011
Civil Rights Lovefest

Postby Ainin » Mon Jul 24, 2017 7:58 pm

OOC: If you want anything to happen to your lawsuit, you can't just write an article. You need to actually write up some papers and serve the defendants.

Image
DEPARTMENT OF JUSTICE AND POLICING
FORTALEZA, FERNÃO


IN THE DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY

COMBINED BILL OF INDICTMENT AND CRIMINAL COMPLAINT


Department of Public Prosecutions
Plaintiff
Null Bella
Defendant
versus




    A. Participants

  1. Mr. Null Bella is Senator for Western Sarkar and the subject of this joint bill of indictment and criminal complaint. With the assistance of several individuals, he attempted to shut down industrial action at Forteleza Scrap Works, located at 1640 Lakar Street in Samudra Parish, Free City of Fortaleza ("Fortaleza"), using criminal threats of violence and unlawful weapons of mass destruction.

  2. Mr. A is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  3. Mr. B is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  4. Mr. C is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  5. Mr. D is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  6. Mr. David Salomon is a sergeant in the Fortaleza Police Force and a victim of Mr. Bella's criminal behaviour. He suffered threat to life and limb as a result of the defendant's reckless and unlawful actions.


    B. Introduction

  7. On the afternoon of 23 July 2017, Mr. Bella and several accomplices (Mssrs. A, B, C and D) pulled up to the front gate of Forteleza Scrap Works, where operations had ceased as a result of industrial action, in an automobile. Angered by the continued occupation of the facility by the workers, who he claimed to be violating an ill-defined series of fictitious criminal laws and property rights, he confronted a team of two-dozen Fortaleza Police Force (FPF) officers led by Mr. Solomon who were on the site to protect public safety.

  8. After Mr. Salomon refused to invoke the riot declaration, seeing no lawful cause, Mr. Bella became visibly agitated and resolved to take matters into his own hands. He proceeded to remove several unlawful firearms from his vehicle's trunk and armed himself and Mssrs. A, B, C and D with the intent to cause death or grievous bodily harm to the workers inside the property, claiming that such actions were permitted by the 'Castle doctrine' [sic].

  9. When Mr. Salomon and his officers moved to block his access to the facility, sensing the imminent threat to public safety, he became confrontational and refused to lower his weapon, even after being informed that he was under arrest.

  10. He eventually surrendered, after uttering several credible threats towards the workers, law enforcement officers, and the constitutional government of Fernão, after the arrival of additional law enforcement officers. He was taken into custody by officers of the 31st Policing District, and detained at the Rhodes Street municipal holding facility.


    C. Legal basis

  11. The Judicial Districts Resolution (2017) grants broad discretionary authority to the Attorney General to define the borders of the various judicial districts.

  12. On 24 July 2017, Acting Attorney General Kareema Hanoona defined the Western District's geographical extent to include Fortaleza.

  13. As the case at hand involves the prosecution of a resident of Fortaleza by the federal government, the District Court for Western Fernão has original jurisdiction.


    D. Delict Count 1 - Possession of a weapon of mass destruction

  14. §10a.a of the Criminal Code makes it a criminal offence for any person to possess "a firearm capable of firing more than one round per trigger action or easily modifiable to reach such a capability."

  15. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour.

  16. The weapon was recovered from the scene by the Fortaleza Police Force and remains the custody of its Crime Laboratory, which confirms that it is capable of "burst" automatic fire.

  17. The possession of such a device by Mr. Bella constitutes prima faciae evidence of his violation of the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    E. Delict Count 2 - Possession of a dangerous weapon

  18. §10b.a of the Criminal Code makes it a criminal offence for any person to possess "any firearm of total barrel length smaller than 50 cm."

  19. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour.

  20. The weapon was recovered from the scene by the Fortaleza Police Force and remains the custody of its Crime Laboratory, which positively identified it as a Heckler & Koch. The manufacturer's website lists the barrel length as 115 mm (11.5 cm).

  21. The possession of such a device by Mr. Bella constitutes prima faciae evidence of his violation of the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    F. Delict Count 3 - Assault with a deadly weapon

  22. §8c.b of the Criminal Code makes it a criminal offence for any person to "intentionally or recklessly [cause] bodily harm to another person through the use of a firearm, bladed weapon or blunt-force weapon."

  23. §14e of the Criminal Code states that "[a]ny person who attempts but fails to commit a delict or contravention, if criminal intent is present, may be convicted of the offence in question."

  24. During the course of the events in question, Mr. Bella openly intended to open fire upon the workers engaging in what he considers to be an unlawful occupation of private property.

  25. This is proven by his repeated references to the so-called 'Castle doctrine', an American doctrine creating an absolute defence for homeowners to use lethal force in the defence of their property, concurrent with his attempt to enter the property in possession of a firearm, both of which at least twenty-four law enforcement officers bore witness to.

  26. The statements made by Mr. Bella regarding his intentions and his possession of a firearm are linked in a manner that would make any reasonable person suspect his intention of using the firearm against the workers engaged in industrial action, and establish probable cause for the charge in question.


    G. Delict Count 4 - Participation in terrorist conspiracies

  27. §6b.a of the Criminal Code makes it a criminal offence for any person to "[conspire] to commit terrorism," which is defined in §6a as "unlawful violence resulting in death or injury with the intent of political intimidation."

  28. The evidence for Delict Count 3 already establishes probable cause for his intention of causing unlawful violence.

  29. Probable cause for intention of causing political intimidation is demonstrated by several politically charged statements made by Mr. Bella, in which he espouses a worldview consistent with American-style radical right-wing libertarianism and repeatedly talks of dismantling the industrial action by any means necessary. It is clear to any reasonable observer that his intentions of causing criminal violence is to further this radical interpretation of property rights and to supress the actions of labour unions and associated left-wing movements in relation to the industrial action.

  30. A conspiracy to commit this offence is demonstrated by the fact that Mr. Bella carried several unlawful firearms in his vehicle at the ready, which no reasonable person would see as innocent. The act of carrying illegal weapons of mass destruction to the industrial site demonstrates premediation and thereby conspiracy.

  31. The totality of this evidence proves that he has engaged in behaviour that has met all the criteria necessary to violate the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    H. Contravention Count I - Possession of an unlicensed weapon

  32. §10c.a of the Criminal Code makes it a criminal offence for any person to possess "a firearm which they fail to register at a police station within fortyeight (48) hours of purchase or acquisition."

  33. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour. As the weapon is illegal for civilian ownership, it was never registered with any law enforcement agency. He has thereby violated the aforementioned section of the Criminal Code.


    I. Contravention Count II - Resisting arrest

  34. §5j of the Criminal Code makes it a criminal offence for any person to "[resist] or [attempt] to break away from a lawful arrest."

  35. During the course of the events in question, Mr. Bella refused to surrender himself to Mr. Salomon for several minutes after being informed that he was under lawful arrest, instead choosing to continue to threaten the officer with his firearm and attempting, against all common sense, to place the officer under citizen's arrest. He has thereby violated the aforementioned section of the Criminal Code.


    J. Contravention Count III - Rioting

  36. §5j of the Criminal Code makes it a criminal offence for any person to "[assemble] in a group of three (3) or more persons for the purpose of committing unlawful violence."

  37. During the course of the events in question, Mr. Bella assembled with a group of many persons (including Mssrs. A, B, C and D) to engage in unlawful criminal violence against the workers engaged in industrial action using the firearms in his possession. He has thereby violated the aforementioned section of the Criminal Code.

Respectfully submitted,

Kareema Hanoona
Procurator General
Last edited by Ainin on Mon Jul 24, 2017 8:21 pm, edited 1 time in total.
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Davincia
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Posts: 314
Founded: Apr 13, 2014
New York Times Democracy

Postby Davincia » Mon Jul 24, 2017 8:07 pm

Leopoldo openly takes to the streets with approximately 75 protesters in a pro-life march, largely inspired by the movement growing around Charlie Gard in Britain. While there, he has pledged to introduce more bills that protect "the sanctity of life, from the youngest to the oldest of our fellow citizens. No parent should have to endure the loss of a child on account of a hostile court."
Last edited by Davincia on Mon Jul 24, 2017 8:08 pm, edited 1 time in total.
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RIP Haruo Nakajima (1929-2017), Yoshio Tsuchiya (1927-2017)

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Nulla Bellum
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Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Tue Jul 25, 2017 1:48 am

Petition filed with DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY

Summation: On 21 July, 2017 a workplace accident resulting in the death of a worker occured at the Forteleza Scrap Works. The deceased worker's personnel file contains a history of disciplinary and corrective action forms for insubordination, tardiness and schedule adherence violations, and two occurences of reporting to work while intoxicated, for which the deceased was placed on administrative leave pending completion of a substance abuse treatment and counseling program. Given the deceased's record of operating heavy machinery under the influence / abuse of prescription sedative pain management medication, on 19 July, 2017 management removed the deceased from his position in the shredding and metal reclamation department and reassigned him to the janitorial staff and his payscale adjusted in demotion and in balance with pay schedules by position in accordance with company policy and seniority accomodations outlined in the union security agreement renewed on 1 October, 2014. At the time of the accident, the deceased was not at his assigned duties of cleaning the toilet facilities in the loading dock section but was clocked out on break and visiting his former crewmates on Shredder Line A. Two Shredder Line A employees reported (see attached Safety and Maintenance Incident reports) the deceased was engaged in "horseplay," and running late to return from his break chose to leap across the shredder conveyor belt bay and "swing like Tarzan" upon a lift chain that was locked-out for maintenance on 19 July, 2017 instead of taking the time to use the provided catwalks and stairs. The broken chain lift ripped free of its ceiling mounts and fell into the industrial shredder, killing the deceased instantly. Had the deceased taken his break in his assigned area and not ignored lock-out tags on faulty equipment to use a lift chain as a swing, facilities management's preliminary findings determined that the accident would likely have not have occurred at all. Without giving the Forteleza Scrap Works (FSW) time to properly investigate the cause of the accident or notice of union grievances, the workers of the FSW called a "wildcat strike" and shut down production, forcibly removing management from the building. Law enforcement was provided with proof of ownership of the facilities, copies of notice of termination of employment of all employees involved in the "sit-in" strike, and an outline of the provisions of the union security agreement approved by a majority of union employees and activated on 1 October, 2014 which clearly state that spontaneous work stoppage strikes / sit-ins / "wildcat strikes" are a breach against the collectively bargained agreement with the Forteleza Scrap Works, and that such an egregious breach of contract nullifies all employment guarantees and revokes the union's standing as a party in further negotiation. The union is no longer recognized as a representative of any current employee of the Forteleza Scrap Works.

Attached to this complaint are petitions for the redress of civil rights violations commited by the Forteleza Police Department, to wit:

- the police department failed to protect the legal property owners and business managers from illegal eviction from their property by workers in breach of their union security agreement

- that the police department prevented lawful access to the premises by the business owners and management

- that the police department compounded their dereliction of duty to remove unauthorized persons from the premises at the lawful request of the proper owners and managers by permitting union officials and Federal Senators to join the trespassing crowd

- that the police department actively prevented the proper owners and managers from securing the premises from further trespass

- that the actions of the police commissioner and sergeant on duty and officers under their command represent a conflict of interest and reckless disregard of the civil and property rights against the proper owners and managers of the Forteleza Scrap Works

The plaintiffs request that the premises of the Forteleza Scrap Works be cleared of all unauthorized people so that the proper owners and managers and their insurance adjusters may access the potential damages done to the property and the facilities and equipment therein; the amount of the damage claims to be appended to this suit as determined; that the unauthorized persons remaining within the premises be charged with criminal trespass and property invasion; that the assets of the union, the trespassers involved, the police department, and all officers on scene be frozen to prevent furtive liquidation and a preliminary deposit of $2 billion towards restitution in down payment of anticipated damage rewards be made with the court to be remanded to the plaintiffs immediately upon favorable verdict after trial.

Attachments: 666 pages
Last edited by Nulla Bellum on Tue Jul 25, 2017 2:17 am, edited 2 times in total.
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Nulla Bellum
Ambassador
 
Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Tue Jul 25, 2017 2:09 am

Petition filed with DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY
Due to credible death threats made in social media by union sympatizers (see attached) quoting violent rhetoric of Karl Marx to "eliminate the bourgeosie," counsel for the plaintiffs named herein as the Forteleza Scrap Works and witnesses on their behalf hereby request ex parte protections against the union and request the names and addresses and places of businesses for the plaintiffs and their witnesses be withheld from the media as an additional safeguard from further threats and attempts at witness tampering.

Further, given the clearly unlawful acts engaged in by the Forteleza Police Force and the police commissioner's collusion with the trespassers to maintain their unlawful seizure and occupation of the Forteleza Scrap Works, it is the sense of plaintiff's counsel that police participation and partnership with the trespassers / illegal strikers precludes any reasonable expectation of our clients safety given the evident abuses of power alleged in the primary complaint. The plaintiffs hereby also request a change of venue for all civil and criminal components of these petitions, and the costs of transport and evidence preservation to an alternate venue be borne by the opposing party in addition to restitutional and compensatory rewards pending the favorable outcome of the stipulated petitions.

Attachments: 317 pages
Last edited by Nulla Bellum on Tue Jul 25, 2017 8:16 am, edited 4 times in total.
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Nulla Bellum
Ambassador
 
Posts: 1580
Founded: Apr 24, 2017
Ex-Nation

Postby Nulla Bellum » Tue Jul 25, 2017 2:47 am

Image
DEPARTMENT OF JUSTICE AND POLICING
FORTALEZA, FERNÃO


IN THE DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY

COMBINED BILL OF INDICTMENT AND CRIMINAL COMPLAINT


Department of Public Prosecutions
Plaintiff
Null Bella
Defendant
versus




    A. Participants

  1. Mr. Null Bella is Senator for Western Sarkar and the subject of this joint bill of indictment and criminal complaint. With the assistance of several individuals, he attempted to shut down industrial action at Forteleza Scrap Works, located at 1640 Lakar Street in Samudra Parish, Free City of Fortaleza ("Fortaleza"), using criminal threats of violence and unlawful weapons of mass destruction.

  2. Mr. A is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  3. Mr. B is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  4. Mr. C is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  5. Mr. D is an executive at the corporation that owns the factory in question and a co-conspirator to Mr. Bella.

  6. Mr. David Salomon is a sergeant in the Fortaleza Police Force and a victim of Mr. Bella's criminal behaviour. He suffered threat to life and limb as a result of the defendant's reckless and unlawful actions.


    B. Introduction

  7. On the afternoon of 23 July 2017, Mr. Bella and several accomplices (Mssrs. A, B, C and D) pulled up to the front gate of Forteleza Scrap Works, where operations had ceased as a result of industrial action, in an automobile. Angered by the continued occupation of the facility by the workers, who he claimed to be violating an ill-defined series of fictitious criminal laws and property rights, he confronted a team of two-dozen Fortaleza Police Force (FPF) officers led by Mr. Solomon who were on the site to protect public safety.

  8. After Mr. Salomon refused to invoke the riot declaration, seeing no lawful cause, Mr. Bella became visibly agitated and resolved to take matters into his own hands. He proceeded to remove several unlawful firearms from his vehicle's trunk and armed himself and Mssrs. A, B, C and D with the intent to cause death or grievous bodily harm to the workers inside the property, claiming that such actions were permitted by the 'Castle doctrine' [sic].

  9. When Mr. Salomon and his officers moved to block his access to the facility, sensing the imminent threat to public safety, he became confrontational and refused to lower his weapon, even after being informed that he was under arrest.

  10. He eventually surrendered, after uttering several credible threats towards the workers, law enforcement officers, and the constitutional government of Fernão, after the arrival of additional law enforcement officers. He was taken into custody by officers of the 31st Policing District, and detained at the Rhodes Street municipal holding facility.


    C. Legal basis

  11. The Judicial Districts Resolution (2017) grants broad discretionary authority to the Attorney General to define the borders of the various judicial districts.

  12. On 24 July 2017, Acting Attorney General Kareema Hanoona defined the Western District's geographical extent to include Fortaleza.

  13. As the case at hand involves the prosecution of a resident of Fortaleza by the federal government, the District Court for Western Fernão has original jurisdiction.


    D. Delict Count 1 - Possession of a weapon of mass destruction

  14. §10a.a of the Criminal Code makes it a criminal offence for any person to possess "a firearm capable of firing more than one round per trigger action or easily modifiable to reach such a capability."

  15. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour.

  16. The weapon was recovered from the scene by the Fortaleza Police Force and remains the custody of its Crime Laboratory, which confirms that it is capable of "burst" automatic fire.

  17. The possession of such a device by Mr. Bella constitutes prima faciae evidence of his violation of the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    E. Delict Count 2 - Possession of a dangerous weapon

  18. §10b.a of the Criminal Code makes it a criminal offence for any person to possess "any firearm of total barrel length smaller than 50 cm."

  19. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour.

  20. The weapon was recovered from the scene by the Fortaleza Police Force and remains the custody of its Crime Laboratory, which positively identified it as a Heckler & Koch. The manufacturer's website lists the barrel length as 115 mm (11.5 cm).

  21. The possession of such a device by Mr. Bella constitutes prima faciae evidence of his violation of the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    F. Delict Count 3 - Assault with a deadly weapon

  22. §8c.b of the Criminal Code makes it a criminal offence for any person to "intentionally or recklessly [cause] bodily harm to another person through the use of a firearm, bladed weapon or blunt-force weapon."
  23. §14e of the Criminal Code states that "[a]ny person who attempts but fails to commit a delict or contravention, if criminal intent is present, may be convicted of the offence in question."
  24. During the course of the events in question, Mr. Bella openly intended to open fire upon the workers engaging in what he considers to be an unlawful occupation of private property.

  25. This is proven by his repeated references to the so-called 'Castle doctrine', an American doctrine creating an absolute defence for homeowners to use lethal force in the defence of their property, concurrent with his attempt to enter the property in possession of a firearm, both of which at least twenty-four law enforcement officers bore witness to.

  26. The statements made by Mr. Bella regarding his intentions and his possession of a firearm are linked in a manner that would make any reasonable person suspect his intention of using the firearm against the workers engaged in industrial action, and establish probable cause for the charge in question.


    G. Delict Count 4 - Participation in terrorist conspiracies

  27. §6b.a of the Criminal Code makes it a criminal offence for any person to "[conspire] to commit terrorism," which is defined in §6a as "unlawful violence resulting in death or injury with the intent of political intimidation."

  28. The evidence for Delict Count 3 already establishes probable cause for his intention of causing unlawful violence.

  29. Probable cause for intention of causing political intimidation is demonstrated by several politically charged statements made by Mr. Bella, in which he espouses a worldview consistent with American-style radical right-wing libertarianism and repeatedly talks of dismantling the industrial action by any means necessary. It is clear to any reasonable observer that his intentions of causing criminal violence is to further this radical interpretation of property rights and to supress the actions of labour unions and associated left-wing movements in relation to the industrial action.

  30. A conspiracy to commit this offence is demonstrated by the fact that Mr. Bella carried several unlawful firearms in his vehicle at the ready, which no reasonable person would see as innocent. The act of carrying illegal weapons of mass destruction to the industrial site demonstrates premediation and thereby conspiracy.

  31. The totality of this evidence proves that he has engaged in behaviour that has met all the criteria necessary to violate the aforementioned section of the Criminal Code, and establishes probable cause for the charge in question.


    H. Contravention Count I - Possession of an unlicensed weapon

  32. §10c.a of the Criminal Code makes it a criminal offence for any person to possess "a firearm which they fail to register at a police station within fortyeight (48) hours of purchase or acquisition."

  33. During the course of the events in question, Mr. Bella was in possession of a pistol-style automatic weapon and actively used it in the furtherance of his criminal behaviour. As the weapon is illegal for civilian ownership, it was never registered with any law enforcement agency. He has thereby violated the aforementioned section of the Criminal Code.


    I. Contravention Count II - Resisting arrest

  34. §5j of the Criminal Code makes it a criminal offence for any person to "[resist] or [attempt] to break away from a lawful arrest."

  35. During the course of the events in question, Mr. Bella refused to surrender himself to Mr. Salomon for several minutes after being informed that he was under lawful arrest, instead choosing to continue to threaten the officer with his firearm and attempting, against all common sense, to place the officer under citizen's arrest. He has thereby violated the aforementioned section of the Criminal Code.


    J. Contravention Count III - Rioting

  36. §5j of the Criminal Code makes it a criminal offence for any person to "[assemble] in a group of three (3) or more persons for the purpose of committing unlawful violence."

  37. During the course of the events in question, Mr. Bella assembled with a group of many persons (including Mssrs. A, B, C and D) to engage in unlawful criminal violence against the workers engaged in industrial action using the firearms in his possession. He has thereby violated the aforementioned section of the Criminal Code.

Respectfully submitted,

Kareema Hanoona
Procurator General
[/quote]

The defendants all plead not guilty to each charge, and post a bail bond in the amount totalling $7 million. The corporate executives pay with certified cashier's checks, and were released on the own recognizance.

Senator Bella's release from custody was delayed while court clerks counted and recounted an rolled his $3 million bail paid in cash with 5 wheelbarrels filled with quarter-dollar coins. The judge threatened to hold the Senator in contempt for paying his bond in change but the Senator successfully argued that the coins were all in fact Fernãoan legal tender and that if the court refused the payment of the determined bond with the legal tender then all charges must be dropped. The judge pronounced some vulgar but not legally binding curses and instructed Senator Null Bella to remain within Forteleza's city limits on his own recognizance awaiting trial. The Senator will return to his elected duties in the Senate.
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Nulla Bellum
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Postby Nulla Bellum » Tue Jul 25, 2017 3:43 am

Breaking News

Senator Null Bella, in his first public appearance since bailing out of jail pending trial for weapons and terrorism charges, emerged on stage at a #NeverEliot resistance rally, armed with his infamous profanity-scawled electric guitar and played a set list that included thrashing rock covers of Ice-T / Body Count's Cop Killer and System of A Down's F*** the System and Prison Song. The punk rocker turned Senator urged the crowd to engage in civil disobedience against law enforcement corruption and tacitly endorsed the growing number of business closures in protest of the lack of employer's rights protections against industrial action and union violence. He also saluted various upstart separatist movements and praised their efforts to "take their power back."

Sales of Bella's Communism is F***ing Stupid book series has skyrocketed as news and viral videos of his confrontation with striking workers at the Forteleza Scrap Works hit the airwaves and internet.

Bella was quoted as saying "the cops want to start a civil war over a goddamn unionized pill junkie that killed himself acting like an idiot."
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Nulla Bellum
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Postby Nulla Bellum » Tue Jul 25, 2017 5:33 am

Investor's Business Report - Stock markets in Fernão continue their freefall as national and international investors continue a frenzy to sell off stocks and divest from Fernãoan industries following a police-assisted confiscation of a Fortelezan factory by disgruntled former employees. Rioting in the streets of Forteleza has resurged as multiple grocery stores and businesses refuse to open to the public until the government deunionizes Fortelezan industries, returns seized properties, and guarantees business and employers rights. Exacerbated by uncontrolled arson fires and the aftermath of the recent tsunami and the separatist movement in Esung, the incoming Eliot government is plagued by multiple crises, questions of the legitimacy of government appointments without Senate confirmation, and a disorganized Constitutional convention. Stock traders are warning investors to keep their money out of Fernão in anticipation of further confiscation of businesses by the new center-left administration.

Developing....
Last edited by Nulla Bellum on Tue Jul 25, 2017 5:37 am, edited 1 time in total.
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Postby United Provinces of Atlantica » Tue Jul 25, 2017 2:55 pm

District Court of Western Fernão, Montalban, New Guernsey
25 July, 2017


Nedungadi Indeevar Nasrani sat in New Guernsey's sole courthouse clad in robes as befits as a Judge-President and of sole mind and purpose; to fulfill his duties as a Judge-President and to hold Senator Null Bella accountable for any and all crimes he had committed. Nasrani was a firm believer in the rule of law, and he was solemn yet firm in his belief that the rule of law and justice would be served today. Nasrani was a terse and pithy man when fulfilling his judicial duties, and thus wasted no times on any small talk when proceeding with this case.

"Senator Bella, you are charged by the Department of Public Prosecutions with possession of a weapon of mass destruction, possession of a dangerous weapon, assault with a deadly weapon, participation in terrorist conspiracies, possession of an unlicensed weapon, resisting arrest, and rioting, all criminal offences under the Criminal Code of Fernão. How do you plead?"
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Roosevetania
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Postby Roosevetania » Tue Jul 25, 2017 3:23 pm

Nulla Bellum wrote:Investor's Business Report - Stock markets in Fernão continue their freefall as national and international investors continue a frenzy to sell off stocks and divest from Fernãoan industries following a police-assisted confiscation of a Fortelezan factory by disgruntled former employees. Rioting in the streets of Forteleza has resurged as multiple grocery stores and businesses refuse to open to the public until the government deunionizes Fortelezan industries, returns seized properties, and guarantees business and employers rights. Exacerbated by uncontrolled arson fires and the aftermath of the recent tsunami and the separatist movement in Esung, the incoming Eliot government is plagued by multiple crises, questions of the legitimacy of government appointments without Senate confirmation, and a disorganized Constitutional convention. Stock traders are warning investors to keep their money out of Fernão in anticipation of further confiscation of businesses by the new center-left administration.

Developing....

OOC: Now you're godmodding the stock market and half the businesses in Fortaleza?
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Nulla Bellum
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Postby Nulla Bellum » Tue Jul 25, 2017 11:09 pm

Roosevetania wrote:
Nulla Bellum wrote:Investor's Business Report - Stock markets in Fernão continue their freefall as national and international investors continue a frenzy to sell off stocks and divest from Fernãoan industries following a police-assisted confiscation of a Fortelezan factory by disgruntled former employees. Rioting in the streets of Forteleza has resurged as multiple grocery stores and businesses refuse to open to the public until the government deunionizes Fortelezan industries, returns seized properties, and guarantees business and employers rights. Exacerbated by uncontrolled arson fires and the aftermath of the recent tsunami and the separatist movement in Esung, the incoming Eliot government is plagued by multiple crises, questions of the legitimacy of government appointments without Senate confirmation, and a disorganized Constitutional convention. Stock traders are warning investors to keep their money out of Fernão in anticipation of further confiscation of businesses by the new center-left administration.

Developing....

OOC: Now you're godmodding the stock market and half the businesses in Fortaleza?


ooc: Just wait until sunshine and lollipops fall from the sky ;) Seriously, riots in the capital city, a tsunami strike, the apparent government / police supported seizure of a factory, very questionable existence of the rule of law.... Absolutely zero of that screams safe investment potential or business-friendly environments. It's not unreasonable to suppose these are having a negative effect on the economy.
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Ainin
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Postby Ainin » Tue Jul 25, 2017 11:25 pm

FREE CITY OF FORTALEZA
OFFICE OF THE CITY ATTORNEY


IN THE DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY

MOTION FOR SUMMARY JUDGEMENT


Null Bella
Plaintiff-petitioner
Free City of Fortaleza
(Fortaleza Police Department),
Industrial Scrap Workers' Union,
et al.
Defendants-respondants

versus




    COMES NOW Paul Paulson, in his official capacity as Acting City Attorney of Fortaleza, to move on behalf of defendants Free City of Fortaleza et al. in the case Bella v Fortaleza et al. for summary judgement on all claims listed in the plaintiff's complaint on account of a lack of actual dispute.


    A. Standing

  1. The City Attorney of Fortaleza represents the Free City of Fortaleza in all litigation under municipal bylaws. The Fortaleza Police Force, established under the Fernãoan Capital Act of 2017, is an agency of the municipal government, and thus represented by the City Attorney in this litigation.


    B. Facts not under dispute

  2. The plaintiff claimed that the worker (Mr. John Doe) whose accidental death precipitated industrial action at the Fortaleza Scrap Works died under circumstances induced by his own negligent handling of industrial equipment. While the defendants do not agree with this characterisation, they will for the purpose of this motion accept its validity as it is immaterial to the case at hand.

  3. The plaintiff further characterised Mr. Doe as a drunkard whose presence at the site of the accidental death was unauthorised and against corporate policy. While the defendants do not agree with this characterisation, they will for the purpose of this motion accept its validity as it is immaterial to the case at hand.

  4. The plaintiff further claimed that the Industrial Scrap Workers' Union failed to give the corporate management advance notice of industrial action. While the defendants do not agree with this characterisation, they will for the purpose of this motion accept its validity as it is immaterial to the case at hand.

  5. The plaintiff alleged that law enforcement officers on the scene were presented with proof of ownership, copies of notices of termination for workers engaged in industrial action, and an outline of a collective bargaining agreement. The defendants accept the validity of this claim.

  6. The plaintiff alleged that the Fortaleza Police Force prevented Mr. Bella and several other agents of the property's priorietors from gaining access and actively impeded their attempts to use force to remove several individuals from the property. The defendants accept the validity of this claim.

  7. The plaintiff alleged that the Fortaleza Police Force took no action to remove workers engaged in industrial action from the property. The defendants accept the validity of this claim.


    C. Claims upon which judgement is sought

  8. The Fortaleza Police Force conspired to unlawfully deny Mr. Bella and other individuals access to the factory site.

    1. During the course of the events in question, Mr. Bella was not prevented from entering the property until he withdrew an unlawful weapon of mass destruction from the trunk of his vehicle (Affidavit of Mrs. Singh) and announced his intention of using the deadly weapon in the removal of the workers engaging in industrial action from the site.

    2. At that point, police sergeant David Salomon placed him under arrest after bearing witness to his use of a weapon of mass destruction and apprehending him in flagrant delict. He was prevented from accessing the property as a result of a blatant and severe violation of criminal law of his own creation, not as the result of malicious and unlawful conspiracy.

    3. The actions of law enforcement in this regard were therefore fully lawful and in line with their responsibility to uphold and enforce the law, and no cause of action for the plaintiff exists. The defendants are thereby entitled to summary judgement on this claim.
  9. The Fortaleza Police Force violated the property rights of Mr. Bella and the executives of the Fortaleza Scrap Works involved in the altercation of July 24, 2017.

    1. Article XIII of the Constitution of Fernão reads: "All persons shall have the right to ownership of justly-acquired personal and real property and shall thus have the right to peacefully use their property within all confines established by legislation."

    2. While a fundamental right to the enjoyment of property exists, it merely restricts the government from taking affirmative steps to infringe upon this freedom. Inaction in of itself does not create a cause of action, as the consequences of such an interpretation would be absurd and make the government civilly liable for any private act of censorship or discrimination in the entire country.

    3. Furthermore, given his apprehension in possession a weapon of mass destruction and having demonstrated murderous intent, Mr. Bella's actions could hardly be described as peaceable, an important qualifier in the constitutional article in question.

    4. The actions of law enforcement in this regard were therefore fully lawful and no cause of action for the plaintiff exists. The defendants are thereby entitled to summary judgement on this claim.
  10. The Fortaleza Police Force was in dereliction of its responsibility of removing trespassing individuals from the factory site.

    1. There are a narrow list of circumstances in which law enforcement may forcibly move individuals from a premise upon which they are located: (i) arrest on suspicion of a criminal offence, (ii) after reading the riot declaration to a group engaged in unlawful violent assembly, and (iii) in the course of enforcing a judicial order.

    2. Under §9a of the Criminal Code, trespassing is "an infraction and [punishable by] no more than a $1,500 fine." As infractions are not criminal offences, the police had no reasonable suspicion of crime upon which to detain any of the individuals assembled on the property, ruling out circumstance i.

    3. The government, of which the Fortaleza Police Force is a part, is prohibited by Article XV of the Constitution of Fernão from abridging the "right to peacefully assemble, including the right to protest, or associate with any group they deem fit." The assembly on the factory site was peaceful at the time of the events, making the reading of the riot declaration in such a circumstance unlawful and unconstitutional. Circumstance ii is ruled out.

    4. No valid writ of mandamus was issued to the Fortaleza Police Force by any court of law with original jurisdiction over the Free City of Fortaleza. Circumstance iii is ruled out.

    5. Given that no circumstances existed in which it would be lawful for law enforcement to forcibly remove the persons situated on the factory grounds from the site, no dereliction of duty has occurred, and no cause of action for the plaintiff exists. The defendants are thereby entitled to summary judgement on this claim.

Respectfully submitted,

Paul Paulson
Acting City Attorney of Fortaleza
Nikolaas Haverkamp
Mayor of Fortaleza



AFFIDAVIT OF MRS. MARIA GANDHI


I, Maria Gandhi, while serving in an official capacity as a commander and duly-sworn officer of the Fortaleza Police Force, bore witness to an event on 24 July 2017 where the plaintiff and several associates thereof attempted to enter the site of the Fortaleza Scrap Works in the possession of weapons of mass destruction (a delict) with the probable intent of using criminal force against the individuals located therein. Only at that point, where a real and present danger to life and limb existed, did law enforcement officers attempt to prevent his entry onto the site.

I attest that all statements in this affidavit are true to the best of my knowledge.

Maria Gandhi

Mrs. Maria Gandhi
Commissioner, Fortaleza Police Force

Done in the presence of:

Mohammad al-Ghamdi

The Rt. Hon Dr. Mohammad al-Ghamdi SC FBA
Senior Counsel, Fernese Bar Association

On: 25 July 2017, In: Fortaleza Parish, Fortaleza
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Nulla Bellum
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Postby Nulla Bellum » Wed Jul 26, 2017 2:44 am

United Provinces of Atlantica wrote:District Court of Western Fernão, Montalban, New Guernsey
25 July, 2017


Nedungadi Indeevar Nasrani sat in New Guernsey's sole courthouse clad in robes as befits as a Judge-President and of sole mind and purpose; to fulfill his duties as a Judge-President and to hold Senator Null Bella accountable for any and all crimes he had committed. Nasrani was a firm believer in the rule of law, and he was solemn yet firm in his belief that the rule of law and justice would be served today. Nasrani was a terse and pithy man when fulfilling his judicial duties, and thus wasted no times on any small talk when proceeding with this case.

"Senator Bella, you are charged by the Department of Public Prosecutions with possession of a weapon of mass destruction, possession of a dangerous weapon, assault with a deadly weapon, participation in terrorist conspiracies, possession of an unlicensed weapon, resisting arrest, and rioting, all criminal offences under the Criminal Code of Fernão. How do you plead?"


Criminal defense attorney Ephraim Daoud shuffles some paperwork as he stands next to his client, the esteemed Senator Null Bella of Western Sarkar. Bella's bright orange mohawk matched the orange jumpsuit he was issued at the jailhouse.

Daoud began, "Your honor, correct me if I am wrong, but before my client enter pleas to each charge, are we to presume this so-called 'Combined Bill of Indictment and Criminal Complaint' represents to the defendant's counsel a complete and valid bill of particulars or must I file a motion of discovery to acquire access to all witness statements and evidence with which to prepare a competent defense for my client? I mean no disrespect, but surely you as a fellow legal scholar understand the rather Kafka-esque nature a defendant finds himself in when things that were perfectly legal a month ago retroactively becomes a crime. The radical changes recently made to the Criminal Code contradict the Constitution on many points, in my humble opinion, and now even the Constitution itself is in convention as well as partisan contention. It would appear even continuity of jurisprudence itself is under assault."

"If it pleases the court, I will briefly contest each charge without incriminating my client, to answer each charge in logical order rather than this bill's enumerated order, to set the stage for a hopeful preliminary dismissal of some or all of the charges. I will then enter a plea on my client's behalf."

"The entirety of the incident was caught on audio and video livestreamed to the internet, and a pure and neutral assesment of that documentary footage absolutely can not be describe as a riot. No one in even our hyper-sensationalized media present reported a riot took place, because no riot took place. My client would like to remind the court that none of the hundreds of union workers that forced management to flee the scrap works when their so-called 'industrial action' began were charged with rioting, that none of the at least six assailants that attacked Senator Bella on 21 July have been charged with rioting much less any crimes relating to attacking an elected official, and none of the union members that blocked entry of the owners of the scrapworks have been charged with any crimes, despite two clear and documented reports of violence against the scrapworks management and the Senator, which should have triggered a police dispersal of the premises three days before the incidents being arraigned today. Were the police not in collusion with the trespassing workers, and exceeding their mandate to exacerbate the illegal occupation of corporate property, none of the events in this case would have happened. To the charge of 'rioting,' my client pleads not guilty."

"Upon arrival at the scene, my client reminded law enforcement officers at the scene of the proper legal owners of the Forteleza Scrap Works, and introduced them to the sergeant present as such. My client and the owners once again presented the police with repeated requests to remove the trespassing terminated workers from their building, reminded the police of the violence experienced by the management when the union workers expelled them at the beginning of the sit-in, and the violence my client had suffered in his attempts to speak with union members which are but two instances in which the police force were derelict in their duty to enforce the Riot Act. My client and the scrapworks executives attempted to serve the union with notice that their illegal strike severed and nullified their contract and demanded they vacate the property, and police witnessed and then joined the union trespassers in forcibly barring access to the scrapworks by the legal and rightful property owners. Defense counsel has since discovered that Police Commisioner Maria Gandhi and Senator Vishal Vig were also trespassing inside the scrapworks, the police commisioner's presence being particularly noxious as her reasoning for her being there was in clear violation of the police force's law enforcement mandate and instead providing the criminals inside false hope of renegotiations of a nullified union contract and providing said criminals with security at taxpayer expense, ignoring actual evidence of rioting as defined by the Criminal Code and asserted in the false accusations in the bill of indictment against my client. Asserting ownership of one's own property is no 'conspiracy,' and prior interactions with the trespassers resulted in a violent altercation which resulted in my client receiving a laceration and bruising to his forehead which required medical treatment. My client returned to the scene with the owners with the intent to demonstrate to law enforcement their lawful ownership of the property, and if I dare say, the ownership of the 'means of production' therein, as well as inform law enforcement that the provisions of the union security agreement were breached and said agreement ratified by the union specifically triggers a clause in which the owners and management of the business may terminate employees at will, which the owners invoked their intent and power to do so. The complaint of "participation in a terrorist conspiracy" is farcical, given Forteleza's own police commissioner was in apparent participation of the trespass, invasion, and occupation of the legal and legitimate owners' property, but particularly heinous to this spurious charge of "terrorist conspiracy," which is more Freudian projection by the police forces than anything else, is that it is buttressed with a denunciation of the esteemed Senator from Western Sarkar's political philosophy, as if 'American style libertarianism' or any style of libertarian belief were illegal in Fernão! I will remind the court that Senator Bella has made a lot of money in Fernão and internationally expressing libertarian views in music and books, and was elected to federal office on a platform doing the same. This "terrorist conspiracy" charge is a very naked and outrageous attempt at political supression and very much a tacit admission of the ridiculously obvious tyranny at play here. Take a man's property, and criminalize his protestation? To the charge of 'participation in a terrorist conspiracy,' my client adamantly pleas not guilty, and reminds the court of the plaintiff's request for a change of venue away from the obviously hostile and mendacious police forces of Forteleza."

"To the charge of 'resisting arrest,' the facts just are not in evidence as my client remained in communication with the law enforcement officers on scene, never threatened any of them with anything but civil rights lawsuits, and stated his intentions to defend himself and the property of the business owners in which he has made significant stock investments, mindful that he had already been assaulted by the trespassers before and had just witnessed both the trespassers and the police forces on hand bar entry to the factory to its legitimate owners. The sergeant declared my client was 'under arrest' for 'possession of a weapon of mass destruction and attempted murder," which were ludicrous statements then and now, with no basis in reality. My client then questioned the lawfulness of the declaration of arrest, and was bewildered by the accusation that he had attempted to murder anyone. My client detained himself in peaceful conversation with Sergeant Salomon, and insisted the weapon was brought out in self and property defense. The officer and apparently the Forteleza firearms forensics apparatus cannot distinguish between a German H&K MP5 and the Zenith Firearms SP89 my client openly carried from the trunk of his vehicle. The former is a burst-fire capable machine pistol than can not fire nuclear, biological, or chemical rounds or cause any mass destruction whatsoever, the latter is a Turkish-made 'SP,' which stands for 'Sporting Pistol.' The SP89 is semi-automatic civilian firearm that mechanically and metallurgically can not be 'easily made burst fire capable," nor can its 9mm ammunition achieve 'mass destruction' no matter how fast the trigger is pulled. I don't wish to continue making a spectacle of this so-called 'bill of indictment,' your Honor, but I don't think the prosecution will be able to provide the alleged purchase date of the semi-automatic pistol either. Did my client purchase the weapon 12 hours before the police discovered it? Did my client purchase it at all? Borrow it? Has he owned it since well before the latest law change went into effect? Does he own it at all given the recent government foray into property seizures without due process? Isn't this all more political oppression given my client's proposed Constitutional changes to restore and expand the right to keep and bear arms? And while my client's anger and frustration when voicing his opinion has never physically harmed or killed anyone, or illegally seized a factory with corrupt police assistance, or even killed a rock musician on stage in the name of Communism, the only injury on display in this indictment is Sergeant Salomon's pride. To the remaining combined charges of possession of a WMD, possession of an unlawful weapon, possession of a dangerous weapon, assault with a deadly weapon, and resisting arrest, my client pleads not guilty."

"Your Honor, I hope the court recognizes my client has no prior criminal record whatsoever, and that this 'bill of indictment' is framed as obviously hostile towards the Senator's political ideology more than as a factual presentation of the incident in question. I ask that a reasonable bail be set for my client so that he may return to the Senate and fulfill his obligations to his constituents. Surely the prosecution will see the folly of this book throwing approach and spare the city the costs of trying a case it has dismal prospects of winning."

Turning to the prosecutor, Daoud says "would you like to withdraw these spurious charges and offer a plea bargain instead?"
Last edited by Nulla Bellum on Thu Jul 27, 2017 2:07 am, edited 3 times in total.
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Nulla Bellum
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Postby Nulla Bellum » Wed Jul 26, 2017 5:17 am

Ainin wrote:[box]
FREE CITY OF FORTALEZA
OFFICE OF THE CITY ATTORNEY


IN THE DISTRICT COURT OF WESTERN FERNÃO
AT MONTALBAN, NEW GUERNSEY

MOTION FOR SUMMARY JUDGEMENT


(...snip...)



To counter the petition for dismissal by the city of Forteleza and the falsified statement given by the police commissioner, the court is provided with a DVD-ROM containing timestamped cellphone camera and live news coverage presenting a chronologically accurate account of the arrival of Senator Bella and the factory management arriving to serve notices of termination to the trespassing employees, and the police actively assisting the trespassers bar entry into the premises by the management as they attempted to enter the gates to serve termination of employment papers. The video footage also show the police allowed entry into the facility to Senator Ernst and Senator Walker. At this time, it is clearly audible that the trespassers inside the factory were loudly singing Solidarity Forever in unison, and disproves Commissioner Gandhi's statement that she witnessed Senator Bella or any of the business management attempted to enter the gates a second time after arming themselves, as Senator Bella stopped in conversation with Sergeant Salomon and the remaining armed executives remained behind at Senator Bella's limo. It also shows that none of the armed men pointed their weapons anywhere but at the ground, and that the group surrendered their weapons and submitted to arrest without incident.

Appended to the video log is an additional petition demanding that Commissioner Gandhi and Sergeant Salomon be charged with criminal perjury and filing false police reports to the prosecutor and courts based on the video evidence,.as well as a request for an ethics inquiry into the continued collusion of government and law enforcement officials with the trespassers in the scrap works.
Last edited by Nulla Bellum on Wed Jul 26, 2017 5:22 am, edited 1 time in total.
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Ainin
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Civil Rights Lovefest

Postby Ainin » Thu Jul 27, 2017 8:18 pm

Salim Hussein, chief procurator for the Western District of Fernão, waits for the defence to finish its puzzling plea before pulling a file out of his briefcase and taking a sip of his pumpkin spice latte. Taking his time, he then stood up to address the court.

"Your honour, while that was a nice presentation, nothing contained therein was actually a substantive question of law. Whether or not the client is an advocate for weapons rights will never change the fact that according to the laws of this land, he may not have an unlicensed weapon. The defendant has pled not guilty to all the offences, and everything else in the statement was tangential."

"The Department of Public Prosecutions opposes the defence's request for change of venue, as the only active court with territorial jurisdiction over the offence in question is the Western District Court. Furthermore, its stated rationale of escaping the jurisdiction of the Fortaleza Police Force is absurd as federal courthouses are guarded by the Federal Police and this courthouse is in New Guernsey, not Fortaleza."

He paused to take another sip of his drink out of its white and green paper cup before reading from the file.

"The prosecution moves the court to enter an order denying the defendant any form of bail and to remand him to the custody of the Detention Service of Fernão until the conclusion of the trial. Under section 14, sub-section d of the Criminal Code, the court may not grant bail to any individual believed to be a flight risk, and the prosecution believes that Mr. Bella is a very strong flight risk for several reasons. For one, the absence of clear legislation on the topic makes the Fernese entry-exit regime porous. Second, Mr. Bella is very affluent and no reasonable amount of surety would ensure his compliance with the order, as he has a clear surplus of material possessions. Third, he has already shown himself through his actions, character and total lack of apprehension or remorse for such flagrant violations of the law to see himself beyond the rule of law, instead professing support for some vague conception of American-style 'natural rights' and 'sovereign citizenship', which casts heavy doubt on his willingness and intention to be bound by the restrictions imposed by this court, just as he saw himself not bound by the lawful orders of law enforcement or the statutory legislation pertaining to possession of firearms."

"His role as a public servant is irrelevant as that is not a factor in the granting of bail under the aforementioned section of the Code."
Last edited by Ainin on Thu Jul 27, 2017 8:24 pm, edited 3 times in total.
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United Provinces of Atlantica
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Left-wing Utopia

Postby United Provinces of Atlantica » Thu Jul 27, 2017 9:59 pm

27 July, 2017
Montalban, New Guernsey, Fernão


Nedungadi Indeevar Nasrani wearily prepared himself for another day of the grueling, politicized trial between Null Bella and the Federal Republic of Fernão. He did not enter the judicial profession out of a desire to preside over such types of trials in any way whatsoever, yet it was his duty and he was solemn in his execution of such duties. The first order of business was to address the motions variously presented by either the defense or the prosecution, and Nasrani addressed that swiftly.

"The honourable Senator Bella's request for a change of venue is hereby denied in light of the lack of other legal venues for crimes committed within Fortaleza. Furthermore, the prosecution's motion for this court to enter an order denying the defendant bail and to remand him to the custody of the Detention Service of Fernão until the conclusion of this trial is hereby granted and the honourable Senator Bella is hereby determined to be a flight risk."

The second order of business was to address the order of summary judgement by Paul Paulson to move for summary judgement on the lawsuit by Null Bella against the Free City of Fortaleza and the Industrial Scrap Workers' Union, which was swiftly addressed as well:

"Acting City Attorney Paulson's motion for summary judgement on Senator Bella's lawsuit against the Free City of Fortaleza and the Industrial Scrap Workers' Union is hereby granted and the Fortaleza Police Force is hereby found to not have conspired to unlawfully deny Mr. Bella and other individuals access to the factory site, to have violated the property rights of Mr. Bella and the executives of the Fortaleza Scrap Works involved in the altercation of July 24, 2017, and to have been in in dereliction of its responsibility of removing trespassing individuals from the factory site."
Last edited by United Provinces of Atlantica on Thu Jul 27, 2017 11:38 pm, edited 1 time in total.
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Nulla Bellum
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Ex-Nation

Postby Nulla Bellum » Fri Jul 28, 2017 1:47 am

United Provinces of Atlantica wrote:27 July, 2017
Montalban, New Guernsey, Fernão


Nedungadi Indeevar Nasrani wearily prepared himself for another day of the grueling, politicized trial between Null Bella and the Federal Republic of Fernão. He did not enter the judicial profession out of a desire to preside over such types of trials in any way whatsoever, yet it was his duty and he was solemn in his execution of such duties. The first order of business was to address the motions variously presented by either the defense or the prosecution, and Nasrani addressed that swiftly.

"The honourable Senator Bella's request for a change of venue is hereby denied in light of the lack of other legal venues for crimes committed within Fortaleza. Furthermore, the prosecution's motion for this court to enter an order denying the defendant bail and to remand him to the custody of the Detention Service of Fernão until the conclusion of this trial is hereby granted and the honourable Senator Bella is hereby determined to be a flight risk."


Defense attorney Ephraim Daoud stands and says "Your Honor, I must object. My client is the duly elected Senator of Western Sarkar, and has yet to be found guilty of any crime, ever, in his life. His business is in Forteleza, as a Senator, and the broadcast facilities and recording studios of both his weekly radio talk show and his band are both in Forteleza, as are his Senate and business offices and his apartment residence. My client wishes to contest the charges against him, thus entered a plea of not guilty. The alleged porousness of Fernao's borders are hardly my client's fault and I will remind that the prosecutor's request for denial of bail contains the odd display of stating that my clients political philosophy is not on trial, yet my client's political philosophy is allegedly reason to deny him bail? The remainder of the prosecutor's argument for denial of bail amounts to a bill of attainder - my client is presumed guilty because my client is accused of crimes? Surely your honor would prefer not to taint the integrity of this court by entertaining the prosecution's attempts to trial my client at an arraignment and bail hearing. Certainly the court is also aware that the Senate and their offices, as well as the Senators themselves are also guarded by the Federal Police. It would not be an undue burden upon the court or the Federal Police to remain in proximity and surveillance of my client's movements as that is their duties to the Senate anyway. Let the prosecution present a case for my client's guilt at trial, and not before. I request remedy and reconsideration. The alleged possession of an unlicensed weapon is hardly a charge any reasonable person capable of producing the license or contravening evidence thereof at the trial phase is not a reason to deny bail before trial. It is not my client's fault either that the prosecution's case is this weak. Confinement denies and has denied my client access to his personal effects and papers to refute this charge in specific, thus denying him due process and the right to cross-examine and deposition the prosecution's witnesses. There is nothing but the prosecution's vivid imagination that my client fears a fair trial and will flee the country he so dearly loves. Please reconsider our request for bail. We would not object to paying the costs of the Federal Police providing extra measures of surveillance upon my clients freedom of movement about his business if indeed those costs would occur where the Federal Police are already assigned to be near government buildings. There is no basis whatsover to believe my client is a flight risk."
Last edited by Nulla Bellum on Fri Jul 28, 2017 2:13 am, edited 3 times in total.
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Nulla Bellum
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Postby Nulla Bellum » Fri Jul 28, 2017 3:42 am

United Provinces of Atlantica wrote:27 July, 2017
Montalban, New Guernsey, Fernão


[...]
The second order of business was to address the order of summary judgement by Paul Paulson to move for summary judgement on the lawsuit by Null Bella against the Free City of Fortaleza and the Industrial Scrap Workers' Union, which was swiftly addressed as well:

"Acting City Attorney Paulson's motion for summary judgement on Senator Bella's lawsuit against the Free City of Fortaleza and the Industrial Scrap Workers' Union is hereby granted and the Fortaleza Police Force is hereby found to not have conspired to unlawfully deny Mr. Bella and other individuals access to the factory site, to have violated the property rights of Mr. Bella and the executives of the Fortaleza Scrap Works involved in the altercation of July 24, 2017, and to have been in in dereliction of its responsibility of removing trespassing individuals from the factory site."


A red-haired man with a bushy beard steps forward. "Your Honor, I am Ragnar Thorssen, lead counsel for the legitimate owners of the Forteleza Scrap Works in this entirely separate matter regarding the illegal occupation of their factory. By accepting the facts not in dispute in Mr. Paulson's motion, the court has just acknowleged that the scrap workers union organization has further quit their claim to represent the former employees of FSW, Inc.; to wit, the evidence shows and the union does not dispute that the workers began their 'sit-in' immediately after a worker killed himself via negligent and improper use of equipment he was not authorized to use in the first place. The now alienated and nullified contract between FSW, Inc. and the union on file with the Federal Labor authorities explicitly states that the contract is immediately voided by unauthorized industrial action strikes. Our obligations to this union have been met, and FSW, Inc's six remaining site employees do not wish to unionize.The relationship with the union has been severed, and FSW, Inc. is neither interested in nor can be compelled or coerced to negotiate with this union any further. The fact of the matter, the most important fact not in dispute is that the building and the equipment therein belong to FSW, Inc., and the former employees currently holding our client's property hostage must be made to vacate the premises. We request an immediate emergency execution of an ex parte oder to remove the union and former employees from the premises. Since the court respectfully finds that the Forteleza Police Force and the Free City of Forteleza are not in criminal collusion with the union and the former employees holding my client's properties hostage, we hereby petition that the FPF carry out the ex parte oder and evict the factory of its illegal occupants. Today."
Last edited by Nulla Bellum on Fri Jul 28, 2017 4:35 am, edited 1 time in total.
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Nulla Bellum
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Postby Nulla Bellum » Fri Jul 28, 2017 4:14 pm

Nulla Bellum wrote:
United Provinces of Atlantica wrote:27 July, 2017
Montalban, New Guernsey, Fernão


Nedungadi Indeevar Nasrani wearily prepared himself for another day of the grueling, politicized trial between Null Bella and the Federal Republic of Fernão. He did not enter the judicial profession out of a desire to preside over such types of trials in any way whatsoever, yet it was his duty and he was solemn in his execution of such duties. The first order of business was to address the motions variously presented by either the defense or the prosecution, and Nasrani addressed that swiftly.

"The honourable Senator Bella's request for a change of venue is hereby denied in light of the lack of other legal venues for crimes committed within Fortaleza. Furthermore, the prosecution's motion for this court to enter an order denying the defendant bail and to remand him to the custody of the Detention Service of Fernão until the conclusion of this trial is hereby granted and the honourable Senator Bella is hereby determined to be a flight risk."


Defense attorney Ephraim Daoud stands and says "Your Honor, I must object. My client is the duly elected Senator of Western Sarkar, and has yet to be found guilty of any crime, ever, in his life. His business is in Forteleza, as a Senator, and the broadcast facilities and recording studios of both his weekly radio talk show and his band are both in Forteleza, as are his Senate and business offices and his apartment residence. My client wishes to contest the charges against him, thus entered a plea of not guilty. The alleged porousness of Fernao's borders are hardly my client's fault and I will remind that the prosecutor's request for denial of bail contains the odd display of stating that my clients political philosophy is not on trial, yet my client's political philosophy is allegedly reason to deny him bail? The remainder of the prosecutor's argument for denial of bail amounts to a bill of attainder - my client is presumed guilty because my client is accused of crimes? Surely your honor would prefer not to taint the integrity of this court by entertaining the prosecution's attempts to trial my client at an arraignment and bail hearing. Certainly the court is also aware that the Senate and their offices, as well as the Senators themselves are also guarded by the Federal Police. It would not be an undue burden upon the court or the Federal Police to remain in proximity and surveillance of my client's movements as that is their duties to the Senate anyway. Let the prosecution present a case for my client's guilt at trial, and not before. I request remedy and reconsideration. The alleged possession of an unlicensed weapon is hardly a charge any reasonable person capable of producing the license or contravening evidence thereof at the trial phase is not a reason to deny bail before trial. It is not my client's fault either that the prosecution's case is this weak. Confinement denies and has denied my client access to his personal effects and papers to refute this charge in specific, thus denying him due process and the right to cross-examine and deposition the prosecution's witnesses. There is nothing but the prosecution's vivid imagination that my client fears a fair trial and will flee the country he so dearly loves. Please reconsider our request for bail. We would not object to paying the costs of the Federal Police providing extra measures of surveillance upon my clients freedom of movement about his business if indeed those costs would occur where the Federal Police are already assigned to be near government buildings. There is no basis whatsover to believe my client is a flight risk."


OOC: Why would showing remorse be a component of a plea of not guilty, or be a factor in bail consideration?
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Nulla Bellum
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Founded: Apr 24, 2017
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Postby Nulla Bellum » Sun Jul 30, 2017 7:34 am

"What was that crap?" Null Bella asked his lawyer as they conferred before the Senator would be lead back to jail.

"We knew going in the court would be extremely prejudiced against bail. A police officer's word is slightly above God's in this backwards legal system we have in..."

"No, I meant that damned speech for my plea. I specifically instructed you to plea 'go screw yourself.'"

"That wouldn't have been helpful, Null, and you know it."

"Yeah, they would have had to build a jail inside the jail, huh?" the Senator fumed.

"Just remain calm, cooperate. They know they will lose at trial, so they want to punish you now before they can't."
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