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Criminal Complaint: Defamation
#1

Your honours,


Starting upon Saturday the 18th of October 2014 but continuing to this present day a number of individuals have publicized allegations that the plaintiff, myself, and others were engaged in a criminal conspiracy to commit electoral fraud and in doing so committed treason against The Coalition of The South Pacific. These individuals have been given every opportunity to substantiate their allegations and bring the appropriate criminal charges against myself but have to this date refused to do so.

The Code of Laws defines defamation as "communication of a statement which makes a false claim, expressly stated or implied to be factual, in an attempt to harm the reputation of another user or group of users on the forum." There are thus four clear elements to a defamation charge;

1. Communication; that a statement is made
2. False claim; that the statement is false
3. Stated or implied to be factual; that the statement is claimed to be true
4. Attempt to harm the reputation; that the statement, if believed, would cause harm to the reputation of others

Your honours, there can be no question that the requirements of a defamation charge are met in this matter. The only question that needs to be addressed is whether or not the statements made since the 18th of October 2014 are false, and this question can only be addressed during trial. It is the contention of the plaintiff that during trial not only will the accused be unable to substantiate the various accusations and claims they have made since this date, but that the plaintiff will be able to actively disprove many if not all of them.

At trial will present a comprehensive list of such accusations and claims, and will systematically demonstrate the false and malicious nature of them. We will present evidence that shows not only that the plaintiff did not commit such acts that have been alleged, but will demonstrate that the plaintiff was physically incapable of committing many of such acts. In doing so we will go well beyond the standard requirements of defamation cases, in which the burden of proof lies with the defendants to substantiate their claims.

As such, the plaintiff hereby formally files defamation charges against the following individuals;

Cormac Stark
Kringalia
Glen Rhodes
Unibot
Escade

Due to the fact that the plaintiffs case against each individual will be substantively identical to that against all other individuals, with only the precise nature of the defamatory statements varying, we request that this matter be conducted via a single trial.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#2

"Defamation" charges must involve the filer of the defamation request specifically, as per law. Can the prosecutor confirm that this case will concern his reputation and not the reputation of the two CSS members also implicated in Brave Little Toaster?
#3

Your honours,

The plaintiff submits the following screenshot as evidence to support the charges of defamation.

[Image: Smoking%20gun.png]

The individuals accused have all, at various times, made defamatory statements alleging the plaintiff orchestrated a criminal conspiracy via IRC. The fact of the matter however is that Monday the 11th of August 2014 was the last date that the plaintiff accessed IRC in 2014. The plaintiff does not appear in any IRC log whatsoever under either the name Bel or Belschaft, the plaintiffs registered IRC names, between the dates the 11th of August 2014 and the 25th of January 2015. The statements made by the individuals accused cannot be true as it is physically impossible for the plaintiff to have orchestrated a criminal conspiracy via IRC without accessing IRC.

Your honours, the plaintiff believes that this simple fact alone constitutes sufficient preliminary evidence to merit a trial.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#4

Given that you admitted to wrongdoing, and your only claim here is that you didn't commit a crime because charges were never brought, this is a waste of the court's time.
#5

Your Honours,

The logs distributed by Cormac Stark show that Belschaft and Todd McCloud communicated about a conspiracy. Todd McCloud created a subforum on The East Pacific's forum to organise this conspiracy - dated as early as July 21 2014. That date is prior  to the date of Belschaft's supposed absence from IRC.

The full evidence of "Operation Brave Little Toaster" was released here.

Quote:[15:52] <Bel> I've been talking to Todd. The general idea is to slowly move reliable people into the region over the next few months
[15:52] <Bel> We wouldn't need many, just 2-3 trustworthy and reliable people from TEP, Balder, Osi
[15:53] <Bel> Counter stack essentially
[15:53] <Cormac> Aye, he talked to me about it last night actually. I wasn't sure if he had spoken to you or not, as he didn't mention you.
[15:53] <Bel> Duh
[15:53] <Bel> Isolation of events
[15:53] <Bel> Worse case scienario, someone leaks logs
[15:53] * Cormac nods
[15:53] <Bel> Better not too have everything in the same set
[15:54] <Cormac> Yeah, makes sense.
[15:54] <Bel> I never use forums or IRC chat rooms for stuff like this, 1-1 convos
[15:54] <Bel> The alternative is TSP joing the FRA in a few months time
[15:54] <Cormac> He is planning to have a forum to coordinate this, from what he told me last night.
[15:54] <Bel> Uni and Glen are going to win the elections
[15:54] <Bel> Bad idea as far as I'm concerned
[15:55] <Bel> Forums can be screenshotted, gives a list of everyone involved
[15:55] <Bel> I prefer decentralisation
[15:55] * Cormac nods
[15:55] <Bel> If we need to organise, we can do so openly on TSP's forums
[15:55] <Bel> BRB
[15:55] <Cormac> Okay.
[16:00] <Bel> How many people could you trust with this?
[16:00] <Bel> I assume Ven and Koth as obvs.
[16:02] <Cormac> Aye, assuming they're available. Ven has gotten busy in RL lately.
[16:03] <Bel> Who isn't?
[16:03] <Bel> I really don't have time for NS these days, but like I'm going to leave TSP to Unibot
[16:05] * Cormac nods

This suggests Todd McCloud was planning to create a forum to organise Operation Brave Toaster - a forum which was organised as early as July, not August 2014.

See here, for the times and dates of the creation of that forum.

Since the conspiracy took place prior to Belschaft's absence from IRC, his absence is not substantial counter-evidence, because naturally he was involved in said conspiracy prior to his absence.
#6

(02-05-2015, 01:51 PM)Sandaoguo Wrote: Given that you admitted to wrongdoing, and your only claim here is that you didn't commit a crime because charges were never brought, this is a waste of the court's time.

The accused should note that there is a significant difference between the behavior that the plaintiff freely admits to and the criminal activity that the plaintiff continues to be accused of.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#7

That is a difference only in how you personally describe it.

Your sole claim of defamation rests upon the notion that, because no charges were brought up against you, it is false to say that you did what you freely admitted to doing in the context of it being a crime. That's ridiculous reasoning.

You came back to TSP, got a whiff that maybe your reputation wasn't completely ruined, overplayed your hand by running for multiple offices, and now you're trying to abuse the legal system to punish those who wouldn't let you back into TSP's political circles.
#8

(02-05-2015, 01:55 PM)Unibot Wrote: Your Honours,

The logs distributed by Cormac Stark show that Belschaft and Todd McCloud communicated about a conspiracy. Todd McCloud created a subforum on The East Pacific's forum to organise this conspiracy - dated as early as July 21 2014. That date is prior  to the date of Belschaft's supposed absence from IRC.

The full evidence of "Operation Brave Little Toaster" was released here.


Quote:[15:52] <Bel> I've been talking to Todd. The general idea is to slowly move reliable people into the region over the next few months
[15:52] <Bel> We wouldn't need many, just 2-3 trustworthy and reliable people from TEP, Balder, Osi
[15:53] <Bel> Counter stack essentially
[15:53] <Cormac> Aye, he talked to me about it last night actually. I wasn't sure if he had spoken to you or not, as he didn't mention you.
[15:53] <Bel> Duh
[15:53] <Bel> Isolation of events
[15:53] <Bel> Worse case scienario, someone leaks logs
[15:53] * Cormac nods
[15:53] <Bel> Better not too have everything in the same set
[15:54] <Cormac> Yeah, makes sense.
[15:54] <Bel> I never use forums or IRC chat rooms for stuff like this, 1-1 convos
[15:54] <Bel> The alternative is TSP joing the FRA in a few months time
[15:54] <Cormac> He is planning to have a forum to coordinate this, from what he told me last night.
[15:54] <Bel> Uni and Glen are going to win the elections
[15:54] <Bel> Bad idea as far as I'm concerned
[15:55] <Bel> Forums can be screenshotted, gives a list of everyone involved
[15:55] <Bel> I prefer decentralisation
[15:55] * Cormac nods
[15:55] <Bel> If we need to organise, we can do so openly on TSP's forums
[15:55] <Bel> BRB
[15:55] <Cormac> Okay.
[16:00] <Bel> How many people could you trust with this?
[16:00] <Bel> I assume Ven and Koth as obvs.
[16:02] <Cormac> Aye, assuming they're available. Ven has gotten busy in RL lately.
[16:03] <Bel> Who isn't?
[16:03] <Bel> I really don't have time for NS these days, but like I'm going to leave TSP to Unibot
[16:05] * Cormac nods

This suggests Todd McCloud was planning to create a forum to organise Operation Brave Toaster - a forum which was organised as early as July, not August 2014.

See here, for the times and dates of the creation of that forum.

Since the conspiracy took place prior to Belschaft's absence from IRC, his absence is not substantial counter-evidence, because naturally he was involved in said conspiracy prior to his absence.

Your honours, the accused have previously argued that the plaintiffs complete absence from this forum and the derelict nature of this forum do not indicate that the plaintiff was not orchestrating said conspiracy due to the plaintiffs stated preference for IRC communication. The fact that the plaintiff was physically incapable of orchestrating anything via IRC is substantive evidence that this did not occur.

However, arguments such as the above can only be settled via trial. The plaintiff appreciates the accused apparent desire to be involved in such.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]
#9

Yours Honours -

The plaintiff's remarks do not deflect anything from my admission of evidence. He argues that he could not have been involved in a conspiracy because he has not attended IRC since August 2014, but the evidence finds that the conspiracy occurred with his involvement as early as July 2014. Which means that his defense of "I wasn't around for August 2014" is not an alibi at all -- the conspiracy occurred before his absence from IRC.
#10

Such is an argument for trial, your honours. Considering that there clearly are numerous questions and matters of dispute in regards to this, the plaintiff believes it is essential that these charges be pursued.
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator

[Image: B9ytUsy.png]




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