| Liberatia MoRA campaign |
(06-14-2014, 04:27 AM)Ditortilla Wrote:Because he managed to get himself subject to an administrative ban at the time, making a trial redundant. The admin ban hasn't been carried over to these forums, and no one has been inclined to press charges.(06-11-2014, 11:11 PM)Farengeto Wrote: I'm going to throw my personal condemnation behind this candidate, who has shown a history of treason and deception against the legitimate government of TSP. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator ![[Image: B9ytUsy.png]](https://i.imgur.com/B9ytUsy.png)
(06-14-2014, 10:35 AM)Belschaft Wrote: Because he managed to get himself subject to an administrative ban at the time, making a trial redundant. The admin ban hasn't been carried over to these forums, and no one has been inclined to press charges.So to clarify A Candidate has been put forward,who is entitled to stand as he is a Citizen, and therefore meets the criteria for contesting a ministerial position Allegations that he has previously acted in a fashion which, if correct, would lead to him being excluded from the electoral process and possibly retraction of his citizenship/banishment have been voiced The Coalition is unwilling to pursue these allegations at this moment in time Are we then to conclude that he has benefited from some sort of Amnesty due to the change in forum?
*sighs*
1. Liberatia at one point called for the overthrow of the Coalition using a different nation, and tried to get citizenship with that nation. He was discovered because the citizenship security check proved that Liberatia and the alternate account were controlled by the same person. 2. He was banned from both the region and the forum as a result of his ridiculous attempt. Neither action was legal according to our laws at the time of the incident. In view of that, he was unbanned from the region and his ban from the forum wasn't implemented when we switched to this forum. 3. I for one have no intention of pursuing treason charges against Liberatia because the Coalition was in no moment under actual danger, and because it would be a complete waste of time. That doesn't mean that we can't question why the only thing he does is get citizenship and run for positions, instead of actually trying to contribute to the region even without a formal title. The thing he is most famous for is getting banned from the region. 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
It should be noted that Kris' argument in regards to point two is contested. Considering that it is impossible to maintain citizenship without access to these forums, an administrative ban clearly nullifies citizenship. No argument was presented to the courts at the time challenging the ban, nor has any such challenge been presented since. The ban of Libertaria was and remains legal, and Kris merely expresses an opinion in regards to it. An administrative ban can however be revoked by administration, which is what occurred. In the time between Libertarian neither was nor could become a citizen.
In regards to treason charges, all prosecutions in this region are private prosecutions. Anyone could lodge such charges, it is simply the case that no one has. There is no state prosecutor nor does the cabinet possess an obligation to prosecute, and trials cannot be initiated without charges being made. Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
(06-14-2014, 06:51 PM)Belschaft Wrote: It should be noted that Kris' argument in regards to point two is contested. Considering that it is impossible to maintain citizenship without access to these forums, an administrative ban clearly nullifies citizenship. That was not mentioned in either the Charter or Moderation Policies at the time of his ban, so his administrative ban (which was also illegal) made citizenship impractical, but did not revoke it. (06-14-2014, 06:51 PM)Belschaft Wrote: The ban of Libertaria was and remains legal Liberatia was banned from the forum for trying to get a second citizenship through a different nation, but neither the Charter nor Moderation Policies made that illegal, let alone a bannable offence. I should point out that at the time, citizenship was given to the nation, not the user, so he was within his full rights to ask for an additional citizenship through the TSP Prime Minister nation. I do agree that this was an obvious oversight and that the intent of the Charter was clear, which is why the Assembly has since amended our citizenship laws. However, that doesn't mean that his ban was ever legal. (06-14-2014, 06:51 PM)Belschaft Wrote: Kris merely expresses an opinion in regards to it. That is correct. I am not the High Court, and therefore cannot make legal rulings. However, I remain fully convinced that my take on the situation is the correct one, and within the boundaries of our laws. For the record, his name is Liberatia, not Libertaria. 
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
Please, I can spell peoples names however I feel like Kingalia
Minister of Media, Subversion and Sandwich Making
Associate Justice of the High Court and Senior Moderator
(06-14-2014, 07:15 PM)Belschaft Wrote: Please, I can spell peoples names however I feel like Kingalia Well, if you imply that I'm a king (perhaps of this region), how can I complain?
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
I may be reading your responses wrong but they seem to indicate that there is some contention as to whether action taken against Liberatia actually had/has legitimacy,
Unless there is a action being undertaken in the courts then the comments by Farengeto and Belschaft are opinions only. I am not sure if they could be defined as libelous, but they are almost certainly defamatory. As such they should really be retracted to avoid any intimation of a smear campaign against a legitimate candidate Or do we now indulge in "dirty tricks" to win elections?
(06-14-2014, 08:45 PM)Ditortilla Wrote: I may be reading your responses wrong but they seem to indicate that there is some contention as to whether action taken against Liberatia actually had/has legitimacy, There is no contention as to what Liberatia did. He did try to overthrow the Coalition and get multiple citizenships, as ridiculous as his attempts might have been. Is it defamatory to state what he did and why he isn't fit for office? I honestly don't think so. 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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