EDIT: Changed it to a criminal complaint because I can't work the Court.

Hi

It is with a heavy heart that I have to announce to you today... that we have drama in the LC election.

We have evidence of telegrams sent by the nation Philippinia campaigning for LC candidate Shangyuen, which may be in violation of section 1. (11) of the Criminal code.

Bribery shall be defined as the receiving or offering of undue support by or to any individual in order to influence behavior that the recipient would otherwise not alter.

The telegrams in question offer endorsements, and in one case, trading cards to the nation if they vote for Shangyuen. We have received screenshots of one mass TG, which was sent to all WA members in TSP (except government officials and other candidates), and one TG which appears to have been personally sent to a single nation. The mass TG includes a message from Shangyuen, along with additional campaigning from Philippinia. The individual TG was sent, according to Philippinia, without the knowledge or approval of Shangyuen. It is this TG which also contains the offer of trading cards in exchange for the vote.

Evidence
Mass TG: Part 1, Part 2, Part 3.
Individual TG

Did some LC, MoRA, CRS stuff in the past. Do a lot of World Census stuff now.

(This post was last modified: 12-08-2020, 01:56 PM by Kris Kringle. Edit Reason: [Chief Justice Edit] Updated the title of the thread with the DN. )

Reply

HIGH COURT OF THE SOUTH PACIFIC [2012.HC] PENCIL SHARPENERS V. PHILIPPINIA SUBMISSION 07 DECEMBER 2020 Notice is given that this question has been received by the High Court and has been assigned all the necessary identifying information as follows: DOCKET NUMBER 2012.HC REFERENCE NAME Pencil Sharpeners v. Philippinia CHARGE Bribery The petitioner and other interested parties are invited to explain the existence or lack of probable cause for the charges no later than 11 December 2020 10:00 UTC, but the Court reserves the right to make a determination after the accused party has exercised their right to dispute the charge. Briefs Amicus Curiae on the preferred eventual outcome of this case are not required at this time. 2012.HC.NR | Issued 07 December 2020

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

(This post was last modified: 12-08-2020, 01:56 PM by Kris Kringle.)

Reply

Chief Justice, I do not deny the charge of bribery with trading cards and endorsements.

I would like to state that incentivising voters with trading cards was Shangyuen’s idea but I acted without his knowledge when I sent the telegram offering trading cards to a voter.

Incentivising endorsements was my idea, and I do apologise.

What I did was wrong, but it was done in good faith. But I’m not here to offer you my defence, but rather to explain and apologise. I apologise again.

(This post was last modified: 12-07-2020, 08:00 PM by Philippinia.)

Reply

Chief Justice, I do not deny the charge of bribery with trading cards and endorsements.

Is this to be taken as a guilty plea? Or is this merely an acknowledgement that there is probable cause to the charge?

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

(This post was last modified: 12-07-2020, 08:00 PM by Kris Kringle.)

Reply

I plead guilty, your honour, of the above-mentioned charge.

(This post was last modified: 12-07-2020, 08:08 PM by Philippinia.)

Reply

HIGH COURT OF THE SOUTH PACIFIC [2012.HC] PENCIL SHARPENERS V. PHILIPPINIA SUBMISSION 07 DECEMBER 2020 | PROBABLE CAUSE 10 DECEMBER 2020 Whereas this Court has been asked to exercise the judicial power vested in it by Article VIII of the Charter of the South Pacific, it is resolved as follows: FINDING OF PROBABLE CAUSE This case is found to have probable and shall be duly considered under all designations assigned by document 2012.HC.NR. INDICTMENT Philippinia is indicted on the charges of Bribery and Organised Crime and is invited to present a defence no later than 25 December 2020 10:00 UTC either on their own or through an attorney of their choosing. Shangyuen is indicted on the charge of Organised Crime and is invited to present a defence no later than 25 December 2020 10:00 UTC either on their own or through an attorney of their choosing. SUBMISSION OF BRIEFS AMICUS CURIAE Interested parties may submit briefs amicus curiae to argue their views on the whole or a part of this case no later than 18 December 2020 10:00 UTC, and shall thereafter be liable to answer any questions that the Court may have in relation to their brief. SUBMISSION OF REQUESTS FOR RECUSAL Interested parties may request the recusal of the Chief Justice or any Associate Justice no later than 14 December 2020 10:00 UTC. Any such request should provide clear reasons to support the requested recusal and explain the possible negative impact of a failure to recuse. RETENTION OF RIGHTS The Court retains the right to consult with, and request further testimony and evidence from, government institutions and other third parties as necessary to adequately exercise its sole right to issue an opinion on this case. It is so ordered. 2012.HC.PC | Issued 10 December 2020

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

(This post was last modified: 12-10-2020, 11:56 AM by Kris Kringle.)

Reply

Your honour:

My only defence is that I thought of endorsements and trading cards as incentives and not bribes. Weak defence but yeah that’s basically it.

But yes now I am fully aware that those are bribes, but there was no ill-intent whatsoever. It was a bad campaign is all. The endorsements thing was a last minute line I added, and the trading cards, well bad call again I guess.

But yeah I agree those are bribes and personally if I saw people do that I would do the same thing and call it out as bribery.

I mean it really is bribery - and I acknowledge that - and yeah it happened, there’s nothing I can do about it now.

Reply

Your honour, Shangyuen has no intention of presenting a defence to the court.

Reply

HIGH COURT OF THE SOUTH PACIFIC [2012.HC] PENCIL SHARPENERS V. PHILIPPINIA SUBMISSION 07 DECEMBER 2020 | PROBABLE CAUSE 10 DECEMBER 2020 | EVIDENCE ORDER 13 DECEMBER 2020 JUSTICE NAT signed also by JUSTICE GRIFFINDOR. Whereas certain evidence is useful so the Court may render a just verdict, it is resolved as follows: ORDER COMPELLING INFORMATION FROM PHILIPPINIA Using its power under Article 3, Section 5 of the Judicial Act, the Court hereby orders Philippinia to release screenshots of any and all messages between him and Shangyuen concerning the use of endorsements or trading cards to incentivise voters. This order applies to messages on any platform, including but not limited to Discord, this Forum, and NationStates Telegrams. Philippinia is given 3 days to comply with this order (that is, 72 hours from the time this order is published). Should any concern about privacy exist or an extension be required, Philippinia may contact Justice Nat.  ORDER COMPELLING INFORMATION FROM SHANGYUEN Using its power under Article 3, Section 5 of the Judicial Act, the Court hereby orders Shangyuen to release screenshots of any and all messages between him and Philippinia concerning the use of endorsements or trading cards to incentivise voters. This order applies to messages on any platform, including but not limited to Discord, this Forum, and NationStates Telegrams. Shangyuen is given three days to comply with this order (that is, 72 hours from the time this order is published). Should any concern about privacy exist or an extension be required, Shangyuen may contact Justice Nat. It is so ordered. 2012.HC.EO | Issued 13 December 2020

Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)

Reply

A follow up question for Philippinia (not compulsory to answer): do you understand that you have been charge with two criminal offences, both bribery and organised crime? These both relate to the same series of alleged events. Organised Crime is defined as 'involvement in a group or association with the intent of committing an unlawful act in the South Pacific.' (Criminal Code 1.6). I am asking because you have not made reference to the organised crime charge as of yet.

Former Associate Justice of the High Court of the South Pacific (4 December 2019 to 5 February 2021)

Reply