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[CRIMINAL COMPLAINT] The Southern Complainant v. Sandaoguo & Roavin
#1

[Image: BYEo2lg.png]

Determination of Justiciability

Whereas The Southern Complainant requested this Court that a review be conducted on certain issues related to the conduct of Sandaoguo and Roavin, as described in Annexes A and B.

Whereas this Court has conducted a careful review of the merits of such a request on the basis of its conformity with the Criminal Code and the Judicial Act.

It is resolved with respect to this Legal Question as follows:
  1. It is not deemed justiciable.
  2. The Court may provide an opinion on its reasons for issuing this determination, at the request of the petitioner, or any party so authorised by him.
It is so ordered.

Kris Kringle
Chief Justice



Annex A

A screenshot of the original review request by The Southern Complainant is provided below:

[Image: 3Uy56P8.png]

Annex B

A plain text version of the original criminal complaint by The Southern Complainant is provided below:

Code:
Your Honour,

I am launching a criminal complaint against the following: Glen-Rhodes and Roavin. I believe that they have consistently violated Article XII.1 of the Charter, which states that "...Administrators will not be given responsibilities of a political nature". The charges are: corruption, identity fraud, and electoral fraud. I must remind the Court that the current Charter has been in force since the date of May 26, 2016, and this clause has not been amended since.

I must argue that "Administrators" are the people who are Administrators, not the position proper. If it was like that, our laws would read something like: "...The position of Administrator will not be given responsibilities of a political nature".

Despite this, however, these individuals have repeatedly engaged in politics, gaining offices and such. I shall now demonstrate, accused per accused.

Glen-Rhodes

Out of the two, Glen-Rhodes is the worst offender by far. We shall begin with the June 2016 General Elections, where he successfully ran for office.

The following threads implicate him:

http://tspforums.xyz/thread-4165-post-130995.html#pid130995
...Where Glen-Rhodes accepted the nomination for Minister of Foreign Affairs made here, by former member Drugged Monkeys: http://tspforums.xyz/thread-4165-post-130970.html#pid130970

http://tspforums.xyz/thread-4164-post-131020.html#pid131020
...Where Glen-Rhodes further engaged in a violation of his duties by listing his Conflict of Interests

http://tspforums.xyz/thread-4171.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-4215.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and won the popular vote

http://tspforums.xyz/thread-4228.html
...Where the victory of Glen-Rhodes was announced to the public

Here is another piece of evidence, related to his charge of Minister of Foreign Affairs, but not about the election:

http://tspforums.xyz/thread-4466.html
...Where Glen-Rhodes, in September 18, 2016, stated that he shall not seek re-election.

When he was elected in June 2016, the accused proceeded to serve a full term as Minister of Foreign Affairs, a clearly political responsibility, as he was the chief of our foreign relations at this time.

Furthermore, he ran for the position of Delegate in January 2017, as evidenced by the following pieces of proof:

http://tspforums.xyz/thread-4705-post-142946.html#pid142946
...Where Glen-Rhodes accepted the nomination made by Seraph: http://tspforums.xyz/thread-4705-post-142890.html#pid142890

http://tspforums.xyz/thread-4706-post-142949.html#pid142949
...Where Glen-Rhodes further engaged in a violation of his duties by listing his Conflict of Interests

http://tspforums.xyz/thread-4710.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-4735.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and lost

http://tspforums.xyz/thread-4742.html
...Where his defeat was announced

Whilst the complainant acknowledges that this might be a dubious accusation, as he never took the office and the political nature of the Delegacy can be argued over, this is a clear violation of his duties as an Administrator by attempting to gain such office.

We must now transition to the February 2nd, 2017 Chair of Assembly elections, where Glen-Rhodes stood as a candidate. As is routine by now, evidence is in order:

http://tspforums.xyz/thread-4813-post-147700.html#pid147700
...Where Glen-Rhodes accepted his nomination made by Belschaft here: http://tspforums.xyz/thread-4813-post-147441.html#pid147441

http://tspforums.xyz/thread-4814-post-147762.html#pid147762
...Where Glen-Rhodes declared his Conflict of Interests

http://tspforums.xyz/thread-4831-lastpost.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-4815.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and won the popular vote

http://tspforums.xyz/thread-4871.html
...Where Glen-Rhodes was declared the victor

Thus, he went on to serve as Chair of Assembly from there on.

Again, the political nature of the Chair might be disputed, as it is more of an administrative role. However, it cannot be denied that he held the office.

At the June 2017 General Elections, the accused, yet again, violated his duties and ran for the head of the government: Prime Minister. Here is proof:

http://tspforums.xyz/thread-5173-post-155726.html#pid155726
...Where Glen-Rhodes nominated himself for his candidacy.

http://tspforums.xyz/thread-5174-post-155789.html#pid155789
...Where Glen-Rhodes declared his Conflicts of Interest

http://tspforums.xyz/thread-5204.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-5240.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and lost

http://tspforums.xyz/thread-5251.html
...Where his defeat was announced

It can be disputed that he did not win the position he was aiming for, as he did with his shot at the Delegacy. However, it cannot be denied that he was trying to violate his duties, as Prime Minister is clearly, without any question, a post of political nature.

Yet again, the accused aimed for the Delegacy at the January 2018 Delegate Elections:

http://tspforums.xyz/thread-5821-post-166241.html#pid166241
...Where Glen-Rhodes accepted his nomination made by Drugged Monkeys here: http://tspforums.xyz/thread-5821-post-166225.html#pid166225

http://tspforums.xyz/thread-5822-post-166278.html#pid166278
...Where Glen-Rhodes announced his Conflicts of Interest

http://tspforums.xyz/thread-5847.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-5823.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and lost

http://tspforums.xyz/thread-5872.html
...Where his defeat was proclaimed

Again, whilst the complainant acknowledges that this might be a dubious accusation, as he never took the office and the political nature of the Delegacy can be argued over, this is a clear violation of his duties as an Administrator by attempting to gain such office.

He, yet again, ran for office in February 2018, at the General Elections:

http://tspforums.xyz/thread-5943-post-167889.html#pid167889
...Where Glen-Rhodes accepted his nomination made by North Prarie: http://tspforums.xyz/thread-5943-post-167881.html#pid167881

http://tspforums.xyz/thread-5944-post-167890.html#pid167890
...Where Glen-Rhodes declared his Conflicts of Interest

http://tspforums.xyz/thread-5964.html
...Where Glen-Rhodes campaigned for his candidacy

http://tspforums.xyz/thread-5982.html
...Where Glen-Rhodes stood as an electable candidate in a ballot, and lost

http://tspforums.xyz/forum-388.html
...Where his defeat was announced

Again, it can be disputed that he did not win the position he was aiming for, as he did with his shot at the Delegacy and the Prime Minister office. However, it cannot be denied that he was trying to violate his duties, as Minister of Foreign Affairs is clearly, without any question, a post of political nature.

At June 2018, he ran for Prime Minister:

http://tspforums.xyz/forum-394.html
...Where all the evidence can be found. I deeply apologize to the Court, but this repetitive typing and pasting is getting tiresome. However, if it pleases the Court, it may look for everything of note there.

Now, we shall proceed to:

Roavin

Due to his recent appointment as Administrator at around the date of April 26th, 2018, he is a minor offender. However, at the time, Roavin held the position of Prime Minister. This can be evidenced by common sense, and by his Motion of No Confidence on his then-fellow Ministers, Escade and Tim: http://tspforums.xyz/thread-6210.html

In addition, here is the February General Elections, where he ran for re-election Prime Minister:
http://tspforums.xyz/forum-380.html

And here is the next election, where he did not run, but was an Administrator and the outgoing Prime Minister:
http://tspforums.xyz/forum-394.html

And now, the accused is the Chair of the Assembly.

Due to fear of political persecution, I will not reveal my identity. I apologize to the Court, but I can assure, Your Honour, that I am a resident of The South Pacific. If it is determined that I cannot file this complaint for this reason, I understand. I shall represent myself via this method of communication for said reason.

Sincerely,
The Complainant
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.

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