Allegations against Aav |
For Immediate Release
09 September 2018 The Court provides notice to the general public that the ruling on HCCC1801: Roavin v. Aav Whitehall will be released on 09 September at 17:00 EST. The Court will thereafter entertain questions and doubts regarding the legal reasoning expressed in its verdict, and the process it followed in the consideration of the criminal case, but it will not consider questions regarding the political ramifications of the same, nor will it express opinions of a political nature on any other unrelated subject. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
HIGH COURT OF THE SOUTH PACIFIC
- HCCC1801 - ROAVIN V. AAV WHITEHALL CRIMINAL CHARGE AGAINST AAV WHITEHALL FOR THE COMMISSION OF ESPIONAGE AGAINST THE COALITION OF THE SOUTH PACIFIC 09 SEPTEMBER 2018 Chief Justice KRINGLE delivered the Verdict, signed also by Justice SANDAOGUO.
Summary of the Verdict It is the finding of the Court that the public admission of the Defendant, along with the evidence presented by the Plaintiff, lend credence to the assertion that his actions whilst a legislator of the South Pacific constitute espionage under the Criminal Code. In consequence, Aav Whitehall is found guilty of espionage against the Coalition of the South Pacific and given a ban from the region and forum for a period of 365 days.
Contrary to prior cases, this is one where the Defendant has openly admitted to the behaviour for which they are facing charges. In view of this situation, it is incumbent upon the Court to consider the legal implications of said admission, and to act accordingly in conformity with regional law.
I
A. Findings of the Court
On 30 July 2018, Roavin formally requested that Aav Whitehall be indicted by cause of espionage. As stated in his request, Aav Whitehall had allegedly admitted to obtaining legislator status in the South Pacific, in their capacity as the Head Director of HYDRA, a foreign entity. It was contended that Aav Whitehall used their legislator status to obtain information not available to the general public and transmitted it to HYDRA. This contention is consistent with the assertion of the Cabinet, from its statement of proscription of HYDRA, that the organisation had deployed an agent to the Assembly with the assignment of obtaining information privy only to legislators. Aav Whitehall pled guilty to one count of espionage on August 15, claiming that they were "not going to continue the sham". Pursuant to Article 5, Section 3 of the Judicial Act, this empowers the Court to render a verdict of guilty on this case; and further pursuant to Article 2, Section 3 of the Criminal Code, to determine a sentence proportional to the offence at hand. While Aav Whitehall did not necessarily use their position to obtain more sensitive information, including executive or security information, the application for legislator status under false and malicious pretenses, as well as the violation of secrecy in the Private Halls of the Assembly for the benefit of a foreign entity, are serious acts that cannot be allowed to stand, lest they pervert the true nature of the Assembly. B. Verdict and Sentence In view of the facts and circumstances outlined above, Aav Whitehall is found guilty of the crime of espionage against the Coalition of the South Pacific and is sentenced to a ban from the region and forum for a period of 365 days. Regional Officers and Forum Administration are hereby instructed to implement this sentence as appropriate. It is so ordered. Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
(05-17-2020, 06:00 PM)Kris Kringle Wrote: I uh... see no reason other than the misrepresentation of charges that I was arraigned on. I believe I was convicted of one count of espionage, rather than corruption. You've stated that I was found guilty of espionage, and then said "on account of the fact that they have admitted to the crime of corruption before this Court." (emphasis mine) I am unsure whether this is a copy and paste error, or an error with ORCS.
Aav Verinhall
They/Them
You are most right. Apologies for the mistake, which has now been corrected.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator. I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum. Legal Resources: THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System |
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