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Criminal Complaint Against Auphelia {2}
#1

I've already attempted to explain why I believe Auphelia is corrupt, yet I attempted that in a rather contemporary way. While I will also attempt to rephrase to make more sense with the same evidence while also presenting new evidence to further prove Auphelia's corruption.

According to the Criminal Code, corruption is a crime:
Quote:(7) Corruption shall be defined as the misuse of public office for private or personal advantage.
This is the part I've already explained, so I'll just quote what I said before:
Quote:A current Local Councillor, Auphelia, is very corrupt. I originally described this on the RMB. I am now making a criminal complaint. I'll restate what I had originally said on the RMB to be more specific:
Auphelia is always pulling new RMB rules out of thin air. It seems as if she suppresses something that follows every single rule in Midand's etiquette dispatch every single day by now. A great example is when I used "crap" on the RMB. She claimed it was "inappropriate language". While inappropriate language is illegal on the RMB, the term "crap" isn't really inappropriate and she claims it's to protect the children. This, however, isn't a very great example. A better example is when she claims it's exploding in debate and flaming / trolling when somebody disagrees with her. The linked post is only one example, she's done this many times.
The one thing I have yet to explain is how this benefits her. If she "enforces" the rules, then people are obviously going to think more highly of her. A good example is when Erithaca, who moves to different NS regions to score them, gives a higher regional score for double-posting rules. You can find a lot of examples of this, however. A minority of people, which includes me and Techolandia, are the only people that actually attempt to give feedback when she does this. Because me and Techolandia are only a minority, most people seem to think she's just enforcing the rules, especially the origin of the (as of now) 8 upvotes of her LC campaign dispatch.
I also later added this argument:
Quote:Auphelia has quote edited in a negative way in an attempt to hurt my Local Council campaign. My original post was a small joke about TSSS, but Auphelia quote edited to make it seem as if I would be the biased LC that she is. I even tried to call her out on it right after by explaining what rule she broke, but she completely ignored it and (likely) thought I was only joking.
However, I didn't explain why this was corruption. She pretty much only gets to do this because she's an LC. If somebody else was there to suppress it, it would've been suppressed. She basically abuses her position as LC to do whatever the hell she wants. I also have another example of this:
As described by Siames in the other thread, she illegally roleplays a lot on the RMB. She was not only part of an RP that was in the RMB, but she later suppressed the RP she was part of for being illegal, because roleplay on the RMB is illegal, but also because it was inappropriate. If that RP was really inappropriate, then she contributed to it, because she was a part of that RP. She wouldn't be able to roleplay on the RMB if she wasn't an LC, because then an LC would suppress it. She clearly likes to roleplay on the RMB, and is abusing her position as LC to illegally do it. She's also abusing her power to suppress things simply because she likes suppressing things. Although I can't find actual evidence of it, she has said before that she likes suppressing posts.
I also had this point:
Quote:Read through this page of the RMB. Basically what's happening/happened is Auphelia tells Midand that she's in trial for corruption. She makes it a big deal to Midand and nobody else because she's obviously trying to use her position as LC to her advantage and is likely looking for the other LC members to be defensive of her. It doesn't appear to be working, but I think she's clearly trying to do that.
Midand did later go into the thread for the previous complaint and defend her.
Although I probably should've been more clear about this other point I made in the thread, I still made it. To summarize, Auphelia tries to be the LC. She basically has taken over the LC by contradicting them so much to the point where the other LCs may as well not even be present. This gives her personal benefit because she gets to be the only one to actually make a difference in the RMB and be a "good" LC that "enforces" the rules. This is obviously going to make people think more highly of her and less highly of the other LC candidates. For example, if you take a look at prelim round 2 for the current LC elections, you'll see that a lot of people are getting more votes than Midand. It's clearly because basically the only thing Midand is doing is maintaining the RMB etiquette dispatch and the TSP Regular. (In my opinion) Midand is also a great LC. I'd also like to use my points in the other thread:
Quote:She doesn't work with other members at all, which you'd think wouldn't be required. If you take a look at this post and the entire RMB page with it, you'll see that another Local Councillor, Havenfell, completely allows swearing. This entire thing happened because I said "dammit" in this post. I even directly tell Auphelia in this post that another LC during the same term had absolutely no problem with it and completely allowed it, but she just doesn't care. She doesn't even work with the other LC members and could probably care less about them.
Quote:In other words, she is basically acting as the entire Local Council and not taking criticism about it.

EDIT: Another great example of Auphelia contradicting other LCs: https://www.nationstates.net/page=rmb/postid=31296369.
Both Midand and Havenfell clearly have no problem with inappropriate language, yet she does.
However, you're probably also wondering why I didn't just call this thread "Auphelia is Corrupt {2}". Well, here's why: She also might be breaking the Local Council Laws. I don't have much evidence to back this up, though. If we take a look at this quote from Auphelia:
Quote:I have NS 8 tabs open, have 3 RMB's ongoing, and am managing 4 different RP's and you don't see me double posting now, do you?
From this statement alone we can tell that Auphelia is moderating 4 other RMBs, meaning she might (theoretically) have positions in other regions which aren't stated in her conflict of interest in Tsunamy's LC election dispatch. This breaks the law:
Quote:- Any nation running must be a resident of The South Pacific, and all candidates must file a Conflict of Interest disclosure, detailing their positions in other regions.
which can be found in the Local Council Laws dispatch.
how am i even still a legislator at this point...?
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#2

(06-28-2018, 08:13 PM)New Haudenosaunee Confederacy Wrote: However, you're probably also wondering why I didn't just call this thread "Auphelia is Corrupt {2}". Well, here's why: She also might be breaking the Local Council Laws. I don't have much evidence to back this up, though. If we take a look at this quote from Auphelia:
Quote:I have NS 8 tabs open, have 3 RMB's ongoing, and am managing 4 different RP's and you don't see me double posting now, do you?
From this statement alone we can tell that Auphelia is moderating 4 other RMBs, meaning she might (theoretically) have positions in other regions which aren't stated in her conflict of interest in Tsunamy's LC election dispatch. This breaks the law:
Quote:- Any nation running must be a resident of The South Pacific, and all candidates must file a Conflict of Interest disclosure, detailing their positions in other regions.
which can be found in the Local Council Laws dispatch

 Most of this case is identical to the one already rejected, so I will ignore that here. I'd just like to provide some context on this part.

The three RMBs Auphelia mentions here presumably refer to the RMBs of TSP controlled regions such as Knowhere and Psomewhere. These regions are part of TSP, and has been Auphelia a participant on these RMBs.
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#3

Your Honourable Justices,

According to the Criminal Code, making vexatious complaints is a crime:

Quote:(9) Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.

To place a vexatious complaint has a number of detrimental impacts on the Courts, in terms of time and resources: and similarly on Legislators, defendants and other interested parties who must generally maintain assistance for the Courts with similar concern.

Recently a complaint of corruption was made against one government official (an LC) by a Legislator (New Haudenosaunee Confederacy [HNC]).

The Court, has denied justicibility stating
(06-27-2018, 05:23 PM)Kris Kringle Wrote: "It is not deemed justiciable, on account that the preliminary evidence presented does not constitute probable cause that [the LC] obtains a benefit through the misuse of communication powers."

Now a second complaint has been lodged by NHC against the same LC with the same information. This is a form of repetition clearly defined in the Criminal Code and Wwhilst not specifically considered by the Courts, the initial complaint can be seen to be meritless, and without question the second must surely be seen as so.

After the first complaint, several attempts were made by other Legislators and Citizens to explain to NHC that the complaints made by NHC were not 'corruption', which is clearly defined in the Criminal Code. Despite acknowledgements by NHC that the elements indicated in the complaint did not constitute corruption, NHC continued to claim the LC Member was corrupt and these comments remain on record despite being unjustified. Such comments strongly suggest that the original corruption complaint was meritless and frivolous, and other motives lay behind the decision to involve the Courts.

Offers of assistance were made to NHC to promote changes to rules, regulations, policy and legislation, in good faith, for the benefit of the Government if NHC considered the existing failed to provide adequate comfort. These offers were not taken up by NHC, which weakens a case of raising concerns of corruption further and heightens the premise that the original claim was frivolous. I'm addition, the second complaint is almost certainly so.

In addition, the timing of the original complaint, being at LC election, can and has been seen as an attempt to undermine the existing LC and sway the vote against the LC, who is running for re-election. Despite a claim by NHC that the timing of the complaint was purely coincidental, this claim is undermined by telegrams sent to the voting citizens in the LC election. This suggests a concerted effort to manipulate an ongoing legitimate election process through a burdensome, meritless and frivolous complaint.

NHC is now showing repetitive behaviours in relation to this request of the Courts, in his statement, NHC acknowledges the repetition of this new claim.

I respectfully ask the Courts as to whether the complaint by NHC meets the requirements of a Vexatious Complaint inline with the Criminal Code .

Respectfully,

Beepee
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#4

(06-28-2018, 11:32 PM)Farengeto Wrote: The three RMBs Auphelia mentions here presumably refer to the RMBs of TSP controlled regions such as Knowhere and Psomewhere. These regions are part of TSP, and has been Auphelia a participant on these RMBs.
I may be wrong on this, but wasn't this before Psomewhere was founded?
(06-29-2018, 03:48 AM)Beepee Wrote: Now a second complaint has been lodged by NHC against the same LC with the same information. This is a form of repetition clearly defined in the Criminal Code and Wwhilst not specifically considered by the Courts, the initial complaint can be seen to be meritless, and without question the second must surely be seen as so.
Even if Farengeto basically just screwed me over on the possibility of Auphelia's conflict of interest not being completely correct, I still have new evidence I presented:
(06-28-2018, 08:13 PM)New Haudenosaunee Confederacy Wrote: She was not only part of an RP that was in the RMB, but she later suppressed the RP she was part of for being illegal, because roleplay on the RMB is illegal, but also because it was inappropriate. If that RP was really inappropriate, then she contributed to it, because she was a part of that RP. She wouldn't be able to roleplay on the RMB if she wasn't an LC, because then an LC would suppress it. She clearly likes to roleplay on the RMB, and is abusing her position as LC to illegally do it. She's also abusing her power to suppress things simply because she likes suppressing things. Although I can't find actual evidence of it, she has said before that she likes suppressing posts.
(06-28-2018, 08:13 PM)New Haudenosaunee Confederacy Wrote: However, you're probably also wondering why I didn't just call this thread "Auphelia is Corrupt {2}". Well, here's why: She also might be breaking the Local Council Laws. I don't have much evidence to back this up, though. If we take a look at this quote from Auphelia:
Quote:I have NS 8 tabs open, have 3 RMB's ongoing, and am managing 4 different RP's and you don't see me double posting now, do you?
From this statement alone we can tell that Auphelia is moderating 4 other RMBs, meaning she might (theoretically) have positions in other regions which aren't stated in her conflict of interest in Tsunamy's LC election dispatch. This breaks the law:
Quote:- Any nation running must be a resident of The South Pacific, and all candidates must file a Conflict of Interest disclosure, detailing their positions in other regions.
which can be found in the Local Council Laws dispatch
It's also not even repetitive. Not only because I have more evidence and am now stating my point in a less contemporary way, but also because Kris Kringle said this:
(06-27-2018, 05:23 PM)Kris Kringle Wrote: This determination does not preclude the future filing of charges with additional evidence that would address the concerns expressed herewith.
(06-29-2018, 03:48 AM)Beepee Wrote: NHC continued to claim the LC Member was corrupt and these comments remain on record despite being unjustified. Such comments strongly suggest that the original corruption complaint was meritless and frivolous, and other motives lay behind the decision to involve the Courts.
No, I didn't.
(06-29-2018, 03:48 AM)Beepee Wrote: These offers were not taken up by NHC
That's not true.
(06-29-2018, 03:48 AM)Beepee Wrote: this claim is undermined by telegrams sent to the voting citizens in the LC election.
While I did send telegrams, they only said this:
Quote:Hello! If you are recieving this telegram, then you haven't voted for NHC!
I, NHC, am an LC candidate that is friendly, active, and involved in the government. Please consider changing your vote.
https://nhc4lc-june-2018-campaign--cryst...r.repl.co/
This was an API template I had used to campaign, but I eventually decided to stop it after I got criticism from Goverwal. The telegrams you're talking about were sent by The Sakhalinsk Empire, according to this post and this post.
(06-29-2018, 03:48 AM)Beepee Wrote: This suggests a concerted effort to manipulate an ongoing legitimate election process through a burdensome, meritless and frivolous complaint.
Even if I wanted to do that, which I don't, there's basically no possible way that's going to happen. I'm screwed in the LC elections and probably will be screwed no matter what happens.
how am i even still a legislator at this point...?
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#5

(06-29-2018, 03:48 AM)Beepee Wrote: Your Honourable Justices,

According to the Criminal Code, making vexatious complaints is a crime:

Quote:(9) Vexatious Charges shall be defined as the filing of criminal charges against another player despite the filing party's knowledge that that said charges were meritless, frivolous, repetitive, and/or burdensome.

To place a vexatious complaint has a number of detrimental impacts on the Courts, in terms of time and resources: and similarly on Legislators, defendants and other interested parties who must generally maintain assistance for the Courts with similar concern.

Recently a complaint of corruption was made against one government official (an LC) by a Legislator (New Haudenosaunee Confederacy [HNC]).

The Court, has denied justicibility stating
(06-27-2018, 05:23 PM)Kris Kringle Wrote: "It is not deemed justiciable, on account that the preliminary evidence presented does not constitute probable cause that [the LC] obtains a benefit through the misuse of communication powers."

Now a second complaint has been lodged by NHC against the same LC with the same information. This is a form of repetition clearly defined in the Criminal Code and Wwhilst not specifically considered by the Courts, the initial complaint can be seen to be meritless, and without question the second must surely be seen as so.

After the first complaint, several attempts were made by other Legislators and Citizens to explain to NHC that the complaints made by NHC were not 'corruption', which is clearly defined in the Criminal Code. Despite acknowledgements by NHC that the elements indicated in the complaint did not constitute corruption, NHC continued to claim the LC Member was corrupt and these comments remain on record despite being unjustified. Such comments strongly suggest that the original corruption complaint was meritless and frivolous, and other motives lay behind the decision to involve the Courts.

Offers of assistance were made to NHC to promote changes to rules, regulations, policy and legislation, in good faith, for the benefit of the Government if NHC considered the existing failed to provide adequate comfort. These offers were not taken up by NHC, which weakens a case of raising concerns of corruption further and heightens the premise that the original claim was frivolous. I'm addition, the second complaint is almost certainly so.

In addition, the timing of the original complaint, being at LC election, can and has been seen as an attempt to undermine the existing LC and sway the vote against the LC, who is running for re-election. Despite a claim by NHC that the timing of the complaint was purely coincidental, this claim is undermined by telegrams sent to the voting citizens in the LC election. This suggests a concerted effort to manipulate an ongoing legitimate election process through a burdensome, meritless and frivolous complaint.

NHC is now showing repetitive behaviours in relation to this request of the Courts, in his statement, NHC acknowledges the repetition of this new claim.

I respectfully ask the Courts as to whether the complaint by NHC meets the requirements of a Vexatious Complaint inline with the Criminal Code .

Respectfully,

Beepee

It is not within the remit of the High Court to offer an opinion on the justiciability of a potential case, only on an actual case itself. Any member of The South Pacific is free to submit a criminal complaint, and present evidence as to it’s justiciability.
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#6

Thank you.
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#7

Although I am out of place, I would like to add further to this criminal complaint against Auphelia. Her conduct is most unsatisfactory of an officer supposed to maintain neutrality within the RMB of the TSP. For months, she has censored & even banjected people blatantly without any regard to the laws from the Border Control Act. The sheer amount of irrationality she displays while censoring posts otherwise fine by RMB rules set up.

If it helps, I would like to aid NHC’s quest for a criminal complaint against Auphelia
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#8

(06-30-2018, 12:30 PM)Malayan Singapura Wrote: Although I am out of place, I would like to add further to this criminal complaint against Auphelia. Her conduct is most unsatisfactory of an officer supposed to maintain neutrality within the RMB of the TSP. For months, she has censored & even banjected people blatantly without any regard to the laws from the Border Control Act. The sheer amount of irrationality she displays while censoring posts otherwise fine by RMB rules set up.

If it helps, I would like to aid NHC’s quest for a criminal complaint against Auphelia
Auphelia does not have Border Control powers, so her alleged misuse of banjection is an outright falsehood.

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#9

(06-30-2018, 12:30 PM)Malayan Singapura Wrote: If it helps, I would like to aid NHC’s quest for a criminal complaint against Auphelia
I don't think anything you said is actually illegal.
how am i even still a legislator at this point...?
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#10

(06-30-2018, 02:21 PM)New Haudenosaunee Confederacy Wrote:
(06-30-2018, 12:30 PM)Malayan Singapura Wrote: If it helps, I would like to aid NHC’s quest for a criminal complaint against Auphelia
I don't think anything you said is actually illegal. 

Well then why are you making two criminal complaints about it?
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