Court's Indictment 108-B2 - Triad v. 'Maraphiel'

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Jelkia
Posts: 24
Joined: Mon May 11, 2020 4:12 pm

Posted by Jelkia »


In the Sigil's Central Court,
for the matter of the Citizen's Justice;



The Triumvirate of Order, herein named the Prosecution

v.

Maraphiel, herein named Defendant


The Prosecution does charge, this 3rd Low of Tithing, 137Ha, the Defendant to be guilty of Count (1) of assault upon a member of the Citizenry, and a sworn officer of its own in good standing. An indictable offense per the codified laws set in place by the established peers of the city in concession and agreement with one another.

May it be known;

1. On, or about a time, not long past reasonable due process, nor beyond any given statute of limitations; The Defendant did approach a Citizen of the City of Doors, and against the Citizen's consent did enact physical violence against them. The location of this alleged occurrence was within the Triad's jurisdiction; The interior vicinity of the business known as The Fat Candle. The Citizen so assaulted is one of good standing in their Faction and has filed formal complaint of this alleged occurrence with the Harmonium.

2.The Harmonium, reviving said complaint, have in due course summarily and dutifully fulfilled their obligation in investigating this alleged occurrence to the utmost extent, and have issued a formal Warrant of Charges by the hand of our Sister in Justice, Notary Five, Reina.

3. It is therefore put forth as a request, under formal indictment, that the Defendant be called to trial for their alleged guilt against this charge before a judge of the Fraternity of Order, who is also in good and present standing with the City of Door's system of courts.

This document is hereby;
So filed this cycle in presence of the appropriate witnesses.
So signed to the extent required in keeping with Fraternity procedure.
So approved to be submitted to the Clerk of Courts.

May Law Guide Our Path,

~Administrator 8, Kaltia Tsaryov, of the Fraternity of Order~
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
DM Slimy Doom
Posts: 3
Joined: Thu Feb 13, 2020 2:27 am

Posted by DM Slimy Doom »


After a thorough review, the indictment is signed off on by one Bureau Chief D. Kondos. Several Aides are dispatched to deliver the appropriate summons.
Jelkia
Posts: 24
Joined: Mon May 11, 2020 4:12 pm

Posted by Jelkia »


In the Sigil's Central Court,
for the matter of the Citizen's Justice;



The Triumvirate of Order, herein named the Prosecution

v.

Maraphiel, herein named Defendant


The Prosecution does charge, this 4th Guild of Catechism, 137ha, the Defendant to be guilty of Count (1) of assault upon a member of the Citizenry, one Namer of the Xaositects, Sha’la’ta Ashborn. Also in due charge at this time is Count (2) Resisting Arrest by lawful order of the Harmonium. Both indictable offenses per the codified laws set in place by the established peers of the city in concession and agreement with one another.

May it be known;

1-A. On, or about a time, not long past reasonable due process, nor beyond any given statute of limitations; The Defendant did approach a Citizen of the City of Doors, and against the Citizen's consent did enact physical violence against them. The location of this alleged occurrence was within the Triad's jurisdiction; The interior vicinity of the business known as Root-of-Nine, of the Merkhant’s, Warehouse. The Citizen so assaulted is one of good standing in their Faction and has filed formal complaint of this alleged occurrence with the Harmonium.

2-A.The Harmonium, reviving said complaint, have in due course summarily and dutifully fulfilled their obligation in investigating this alleged occurrence to the utmost extent, and have issued a formal Warrant of Charges by the hand of our Sisters in Justice, Measure 3, Reina, and Namer, Selenis.

2-B.Thereafter said filed complaint and subsequent investigation, it is given that the Defendant, upon being called to arrest by those appointed as Harmonium Officers in this instance, did attempt to avoid and flee lawful arrest by means of magic and deception. Yet, after a short chase, did falter to pursuit and arrest through the efforts of said Harmonium Officers.

3. It is therefore put forth as a request, under formal indictment, that the Defendant be called to trial for their alleged guilt against this charge before a judge of the Fraternity of Order, who is also in good and present standing with the City of Door's system of courts.

This document is hereby;
So filed this cycle in presence of the appropriate witnesses.
So signed to the extent required in keeping with Fraternity procedure.
So approved to be submitted to the Clerk of Courts.

May Law Guide Our Path,

~Administrator 6, Kaltia Tsaryov, of the Fraternity of Order~
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
Jelkia
Posts: 24
Joined: Mon May 11, 2020 4:12 pm

Posted by Jelkia »


In the Sigil's Central Court,
for the matter of the Citizen's Justice;



In Regard of Court's Indictment; 115-C1 - Triad v. 'Maraphiel'


Maraphiel, herein named Defendant

v.

The Triumvirate of Order, herein named the Prosecution




MOTION for SUMMARY JUDGEMENT


COME NOW on this the 2nd Lady of Capricious, 137ha, does stand the above named Prosecution, to formally submit and move to the court in the matter of seeking Summary Judgement in regard of the above named Defendant's guilt in the matter of the above referenced case and the pending accusations therein.

CLAIMS AND DEFENSES UPON WHICH JUDGMENT IS SOUGHT

1. The clearly defined conditions upon which the Defendant's parole were set by B3 Patric Baters on the sixth day of Nihilun, year 137Ha, included;

1-A - That the Defendant Remain confined to the City of Doors until after such time as the full judgement of the Defendant's accusations was carried out.
1-B - That the Defendant Report to the Courts each cycle until the date of their hearing could be scheduled.
1-C - That the Defendant must be Available on the date of their hearing, or be granted an automatic admission of guilt in regard to their plea.

(( Ref viewtopic.php?f=35&t=8767 ))

2. AND AS it is now found and made known to the Prosecution, per the Harmonium's Filed Report by our Sister in Order, Measure 3 Reina of the Harmonium, in regard to the Defendant; to have violated one or more of these conditions.The Prosecution now so moves that the Defendant has;

2-A - Violated condition 1-A; remaining within the City of Doors, as the Defendant was accused of being within the realm of Mercuria, well beyond the confines of the Cage. Within which realm, as a non causal consequence of this violation, it is given to be known that the Defendant found themselves in the carrying out of said violation, Slain abroad, and so returned to their own plane of origin for reconstitution.

2-B - Violated condition 1-B; reporting to the City Courts (a.k.a in prior notice as the headquarters of the Fraternity of Order) as direct causal consequence of violating term 1-A.

2-C - Violated condition 1-C; being available on the posted and sanctioned date of their trial, as direct causal consequence of violating term 1-A. When it is given that the date of the trial has been establish, and the Defendant via their own Choice and Willful Action, shall not be in attendance. Thereby, denoting an admission of guilt on the Defendant's behalf.

(( Ref viewtopic.php?f=37&t=8793 ))

SOUGHT REMEDIES AND RELIEFS

3. BE IT GIVEN AND STATED that the Prosecution calls upon the court to pass Summary Judgement that the necessary requirements have been met, not by the Prosecution's design, but by the Defendant's Free and Willful action, to enter a plea of guilty on their own behalf. Thus it is that the Prosecution now moves that the court consider and find judgement based on the herein contained facts, as is by our suggestion the due and correct process of justice in this case.

This document is hereby;
So filed this cycle in presence of the appropriate witnesses.
So signed to the extent required in keeping with Fraternity procedure.
So approved to be submitted to the Clerk of Courts.

May Law Guide Our Path,

~Administrator 6, Kaltia Tsaryov, of the Fraternity of Order~
"What is justice? Two forces collide. Each may have the right in his own sphere. And here's where a queen commands orderly solutions. Those collisions she cannot prevent — she solves. How? In the simplest way: she decides."
User avatar
Serena
Posts: 85
Joined: Wed Feb 26, 2020 2:48 pm

Posted by Serena »


2nd Market of Capricious, 137 Ha.

In regard to the Motion of Summary Judgment submitted to the Court



Given the fact the prosecution has offered no proof or evidence in support of the following:
  • The Defendant leaving Sigil soil;
  • The Defendant leaving Sigil soil by her own accord and will;
  • The Defendant's murder having happened outside of Sigil soil;

Given that the only source of information on which their allegation are based is the self proclaimed murderer of the Defendant themselves, who also happens to be:
  • The at-the-time lover of the alleged victim this whole case trial refers to, the Succubus Sha'la'ta;
  • The lover/partner/associate of the assigned Prosecutor currently filing the Motion of Summary Judgement against the Defendant, Administrator 6 Kaltia Tsaryov;

The Defence argues that the providential murder of the Defendant and the timely scheduling of a trial right when the Defendant has been proven to not be able to attend, could lead to accusation of misconduct, collusion and malpractice.

Therefore

Formally requests that said Motion of Summary Judgment is rejected, and kindly asks to proceed bringing the case to Trial as scheduled, so that proper justice can be reached.



Furthermore



Given both the aforementioned details and the other listed hereunder in regarding the collusion between the Prosecution and the involved parties, such as:
  • Personal involvement with at least one of the key witnesses in the current trial;
  • Repeated personal history with the Defendant herself, such as:
    1. In the instance of the case of the “Skinslasher” [number case reference provided], being found getting rid of evidence of multiple murder by lawfully selling to the Defendant a slave of her own property, who was then found guilty and executed for said crimes;
    2. In the same instance, being found accusing the Defendant of impersonating a Sigil official in order to lessen her own involvement in such a lawful transaction [number case reference provided], accusation that has been later deemed unfounded and void, but that has however caused the Defendant great harm;
    3. In the most recent case against the Defendant, whose document has already been kindly provided by the Prosecution itself [number case reference provided], found involved in a case of Assault as the victim, thus providing suspicions of resentment toward the Defendant;

The Defence would like to formally submit a Motion to Recuse the Prosecutor, requesting that the Administrator 6 Kaltia Tsaryov is removed from the current case and replaced by an equally valid and super partes Law Official, in order to ensure the Defendant a fair and proper trial in Court.



Applicant Maraphiel

Through

Counsel Factor Rhistel Aidan of the Fated
"Hand me my shovel, I'm going in!"

Plays: Aidan Rhistel - Factor and Law Representative of the Fated
Feel free to reach to me IC for enlisting or general faction rp
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mimifearthegn
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Posted by mimifearthegn »


For the matter of the Motion of Summary Judgement on Case 115-C1 - Triad v. Maraphiel

The Court requires an inquiry into the violation of parole in order to proceed. The prosecution and defense should both bring what evidence they have in regards to the circumstances of the accused flight and supposed murder, including the testimony of the self-proclaimed murderer.

((OOC Note: Basically I'd like to do a presentation of evidence / testimony about Maraphiel's 'death' in game, ideally with Azuriel's testimony, so that the Court can make a decision on something other than hearsay.))

The motion to recuse the prosecution is officially denied, pending the results of the inquiry.

Signed

B5 Hecuba Terraz, Fraternity of Order
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