Petition to Revoke Hildmor's Bail

[*Cadence]

Guvner Notary Ventash Triot raised his eyebrows in surprise upon learning of the bail reversal, but his surprise soon turned into disbelief, then dissapointment after ruminating on the matter. Triot correctly hypothesized that the Judge's reversal was galvanized by extra-factional pressure. He shook his head and muttered under his breath:

"This is not a contest of popularity or influence - it's is a lawful guideline. If a Judge has difficulty differentiating between the two, then perhaps his high position in the faction needs to be reexamined."

[*Darkrob]

A short note is sent to the Judge

Judge Majors

I was more than just a little displeased to read, in the paper no less, that you have revoked the bail of the defendant. Might I remind you that this case has two councils assigned to it that are responsible for such motions? It is not up to the public to directly approach the bench and involve themselves in the trial. It is up to either myself, or the defence, to see to such things. Any other persons approaching the bench, in regards to this trial and not being involved by either the Prosecution or Defence, will only be viewed as illegal interference.

I give you official notice that I shall not be "bypassed" by outside influences seeking information, motions or decisions in this court merely to save face.

Bail revocation, based on public opinion only, shows a definitive lack of professionalism. So long as the terms are being upheld then bail should remain set. Although I'll not oppose it since it has already been done, as doing so would merely show cracks within our own system, I will not permit the circumvention of our lawful procedures in the future. We will not have another circus that was the last trial with outside influences interrupting at every corner.

As lead prosecutor, I am in charge of this case. Any further motions made for the prosecution shall go through me.

A copy of this is being forwarded to both of our superiors to be placed in our records.

Lead Prosecutor
A9 Seph

[*Reptiller]

A very short note arrives to the judge.

Honoroable Judge Majors,

I would like to know the reasons for the revocation of my bail. I have never broken its terms, so I would prefer to know as to why the revocation took place.

Hildmor d'Kridis, defendant.

[*ManyFaced]

Nienna sends a short reply in response to the ruling

Greetings,

My thanks for taking note of this oversight. I have no doubt it was simply that, no man with Hildmor's previous crimes and current credible accusations would be given bail. Whatever oddity allowed this, should be assessed and addressed before more harm can come of this.

All of the victims will rest easier.

~Nienna

[*Weylyn]

A note is delivered to the Court, with copies dispatched to the prosecution and those higher-ups in the Fraternity of Order overseeing the case.

[b]Greetings Fraternity of Order[/b] As legal counsel to Mr. Hildmor d'Kridis, I wish to call to attention the following with regards to the case pending against my client: Not a week ago, my client was released on bail to allow him the opportunity to prepare his defense without interference from the Harmonium. Given the course of the past two trials against him it should be no surprise that my client is not inclined to trust the discretion of the Harmonium Notaries guarding his cell, and the two hours a day in which I am permitted to consult with my client is hardly sufficient to prepare a legal case in any reasonable timeframe. I remind the court that my client has not violated the terms of his bail, and that in addition to this he was subjected to a powerful geas that had the effect of rendering him harmless until the trial. One might argue that it rendered him defenseless as well, but it has long since ceased to surprise me that the measures taken to protect "the public" from my client more often than not tend to violate his rights. The geas, even with the risk involved to his person, was considered an acceptable price for his freedom, and he consented to be subject to it. Even though my client has not violated the terms of his bail or attempted to tamper with the geas, I have to find out from the paper that his bail has been revoked without a hearing. I call to attention the long established opinion that this is a court of fact a not a court of opinions, and remark that the currently presiding Judge seems unable to distinguish between the two. While I am aware that legal precedent exists for the hearing of public concerns in the case of defendants with extensive criminal histories, these cannot be considered applicable since my client has never been convicted for anything except one instance of bribery which is yet subject to retrial given the controversy surrounding the original proceedings. In light of this, I submit the following. [b]Motion of Substitution[/b] In revoking the bail of the accused, Mr Hildmor d'Kridis, without a hearing despite no violation of the terms set having taken place the presiding Judge, A-10 Crevan Majors, has displayed clear bias against my client and an inability to perform his duties without buckling to outside pressure. The opinions of the public have never been a factor when determining facts, and they should not be a factor now. My client has a right to represent himself at his trial, and was to be given the chance to prepare his defense. The terms of his bail were draconic by any standard, but even so they have not been violated. I remark that the prosecution did not object to my client's bail, and that this is on record. In unilaterally revoking his bail regardless, the Judge has usurped the role of the prosecution. Much though I regret the necessity, in light of the above I must call for the substitution of the presiding Judge, A-10 Crevan Majors, to be replaced with a candidate less susceptible to outside interference. Sincerely, Representing Mr Hildmor d'Kridis, [b]Nimue Bellator[/b] [/li]

[*Agony_Aunt]

Almost carbon copy responses are sent to Nimune, Hildmor, and Garen Seph.

To whom it may concern,

Let it be known that when the trial starts this court will brook no arguments, there will be no questioning the decisions, and no arguments about rulings, otherwise those involved will be found in contempt of court.

To address your concerns, the court has decided it was not in possession of the full range of facts relating to the circumstances of allowing Hildmor d'Kridis his ((in Hildmor's version it is written "you your")) freedom. Further testimonies have been brought to our attention which causes grave concern regarding the safety of those who would step forward to testify.

Essentially, Hildmor ((you)) cannot be allowed to remain at large until his ((your)) guilt has been determined or not.

In the meantime, Hildmor ((you)) has access to legal council and freedom to communicate with those necessary.

Those who have petitioned for the revocation of bail will be called to trial as witnesses, but will be granted anonymity to prevent reprisals, and their depositions will be presented to the court in anonymous format before being released to the defence and prosecution.

There will be no further questioning of my decision on this topic.

Judge Majors.

[*Weylyn]

((OOC: She wasn't questioning his ruling on the bail, she escalated it to a motion of substitution directed at his superiors, with a copy forwarded to the prosecution as a matter of procedure. The motion of substitution isn't in the Judge's hands, since it concerns possible bias and must be escalated to a separate Judge.

The right of substitution is one of the oldest rights in any legal system, and I'm assuming Sigil has its verion of it.))

[*Darkrob]

Almost carbon copy responses are sent to Nimune, Hildmor, and Garen Seph.

To whom it may concern,

Let it be known that when the trial starts this court will brook no arguments, there will be no questioning the decisions, and no arguments about rulings, otherwise those involved will be found in contempt of court.

To address your concerns, the court has decided it was not in possession of the full range of facts relating to the circumstances of allowing Hildmor d'Kridis his ((in Hildmor's version it is written "you your")) freedom.  Further testimonies have been brought to our attention which causes grave concern regarding the safety of those who would step forward to testify.

Essentially, Hildmor ((you)) cannot be allowed to remain at large until his ((your)) guilt has been determined or not. 

In the meantime, Hildmor ((you)) has access to legal council and freedom to communicate with those necessary.

Those who have petitioned for the revocation of bail will be called to trial as witnesses, but will be granted anonymity to prevent reprisals, and their depositions will be presented to the court in anonymous format before being released to the defence and prosecution.

There will be no further questioning of my decision on this topic.

Judge Majors.

A letter is returned to the judge

Judge Majors

When I accepted this case I was guaranteed full control and authority over the prosecution of the case. It was my most important point of contract when given it by the Harmonium. In accepting witness testimony, public petition and undeclared evidence in leveling your very public ruling, without a proper hearing, without proper notification, without full disclosure to the prosecution, or prosecutorial permissions of the lead prosecutor to act on his behalf, you have made a very grave error in judicial procedure.

As the lead prosecutor I will not be shut out of my own case whenever the bench decides to act on its own. That goes against every trial protocol we have in regards to criminal trials involving councils.

You have made your intents to circumvent the prosecution, very clear in your last letter, but if this is how you intend to operate your courtroom, in complete disregard for the prosecution and my right to run my own case, please verify now in a second letter both addressed to myself and my superior. Once I have your decision in writing I will discuss my resignation from the case with my superiors.

Lead Prosecutor

A9 Seph.

[*Agony_Aunt]

((Gotcha))

A personal letter arrives for Nimune.

Miss Bellator,

We thank you for the notice, and it appears that indeed Judge Majors overstepped his bounds. We have investigated the case and noted that the initial bail was in error, and should never have been granted. The subsequent revocation simply compounded the error. Judge Major's performance is hereby deemed unacceptable, and is hereby he is removed from the case.

A new judge will be appointed to the trial.

Please accept that the new judge of course will have to take time to become acquainted with the details of the case, unfortunately causing a delay in the case.

In the meantime, we hope you client finds his stay in prison a comfortable one, and we will inform you when the judge is ready to take up his duties. We expect no more than a week or two.

Yours sincerely,

Dravis Tongal
B3 - Justice of Legal Affairs
Fraternity of Order

[*Agony_Aunt]

Personal letters are sent to Garen Seph and others who should know about the delay to the trial, the continued holding of Hildmor, and the change of Judge.

A small note is placed in SIGIS about the change of judge, although it would take a careful reader to notice it.