Europeia v. Forilian

Vlaska

The Law
Associate Justice
Citizen
Discord Moderator
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The High Court of the Republic of Europeia
Trial Court
Europeia v. Forilian

The High Court of Europeia will come to order.

The Honorable Vlaska, Associate Justice, will be presiding by order of the Venerable OnderKelkia, Chief Justice.

In view of the explicit formal and full delegation of powers by the Right Honorable Lloenflys, Attorney General to Right Honorable GraVandius, Deputy Attorney General, the Right Honorable GraVandius will be representing the government, in accordance with TCCO3. of the Judicature Act (2020).

Forilian, you have been charged with Unlawful Interference with Recruitment or Welcoming (Criminal Code (2019), section 14 (iv)). The government's charge filing is located here.

Forilian, you have a right against self-incrimination. You are not required to make any statement that may in any way incriminate you. You are liable for any statements you do make. You also have the right to counsel. If you would like to appoint counsel, you can inform the Court of your appointment at this time. If you are for any reason unable to appoint your own counsel, the Court will appoint counsel for you, alternatively, you will be permitted to represent yourself.

Forilian, please indicate at this time that you understand these rights, and please state your decision regarding the appointment of legal counsel.

Upon conferring with your counsel please enter one of the following pleas guilty or not guilty. The court strongly advises against entering pleas without the advice of counsel (where applicable).

Forilian, how do you plead?

The defendant's submissions should be made in the next 48 hours (by 20:30 GMT on Saturday, 25th of July, 2020).
The deadline may be extended on request of the defendant or their counsel and approval of the presiding Justice.

At this time, the Court asks that only the defendant or their counsel should post in this thread (with a procedural concern or the information requested), or the Deputy Attorney General if there are any procedural concerns. Persons not involved in this proceeding may not at any time post in this thread.
Edit: fixed subsection of criminal code of the charge.
 
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Forilian

Silence
Citizen
Deputy Minister
This is to confirm that I understand my rights. Malashaan has agreed to be my legal counsel once he is no longer Chief of State. I will submit my plea once tomorrow's election had concluded if that is acceptable to the Court.
 

Vlaska

The Law
Associate Justice
Citizen
Discord Moderator
This is to confirm that I understand my rights. Malashaan has agreed to be my legal counsel once he is no longer Chief of State. I will submit my plea once tomorrow's election had concluded if that is acceptable to the Court.
That is indeed acceptable to the Court. The court would also like to ask @Malashaan to confirm that they will be representing the defendant.
 

Malashaan

Forum Administrator
Cabinet
Citizen
Honoured Citizen
I confirm that I will represent Forilian after the election. I believe that as Chief of State it would be a conflict of interest to represent him because I have direct authority to fire the AG (in agreement with the First Minister). However, after the election I will either have no executive role or be Vicec President, neither of which have direct authority over the AG.

Updating to add I've committed to not using my authority as Chief of State to attempt to remove the AG or Deputy AG in the 1-2 days that remain of the term, which I believe removes any specter of a conflict. We will submit a plea in the morning.
 
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GraVandius

Part Time Troll
Citizen
Deputy Minister
Your Honor,

Following an extensive review of the evidence supplied by the Defense, the Prosecution motions to dismiss this case. The evidence shared confirms that the Defendant used an unorthodox method of recruiting that led the traditional analysis used to identify skips to generate false positives. The Prosecution has reviewed a number of the telegram reports shared by the Defense and found that the virtually all of the ones recorded as skips by the timestamp analysis, were in fact sent. Additionally, the Defendant notified the previous Minister of Interior along with the Deputy Minister of Recruitment of his unorthodox recruiting methods a few months ago and provided screenshots confirming that occurred. Evidently no concerns of malpractice were raised until a change in leadership occurred, as that new leadership was not informed of the unorthodox method of the Defendant.

In summary, this case effectively boils down to a communication issue. The Prosecution notes that if the Defendant or any other member of the region are recruiting in such a way that would cause the time stamp analysis to generate a false positive, to make sure the current head of the relevant Ministry is made aware.

Thank You.
 

Malashaan

Forum Administrator
Cabinet
Citizen
Honoured Citizen
The defense confirms the Deputy Attorney General's statement of facts is consistent with our understanding of the events in question and supports the motion of dismiss.
 

Vlaska

The Law
Associate Justice
Citizen
Discord Moderator
The Court acknowledges prosecutions' motion to dismiss and subsequent support from the defendants' council. In accordance with CPRHC 3.8 the Court grants the motion, the case is dismissed.

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