Crim238-2

=================================================  Docket Number: Crim238-2p - Rex vs Gaviani

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==================================== Brief for the King, submitted by Private Vonkar

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Kings Brief for the Prosecution of Gaviani For the murder of Kayia

Findings of Fact:

Gaviani admitted to attacking and killing Kayia some yards away from the Temple of Bast sometime late in the year of two hundred thirty four. Gaviani claimed during a recorded interview with Celetorin that under no circumstance did he take the slaying of Kayia lightly and that he had consulted other citizens of the realm who according to him told him he was in the right if he chose to slay her. When asked what his reason for slaying her was he simply said that repeated disrespect and her questioning his honor over the guild mind link were his reasons. When asked for specific examples of what these insults were, he said for us to talk to other people to get specifics.

Gaviani was extremely uncooperative during the entire process of the investigation and made it very difficult to get any information from him at all. Multiple attempts at contact via the Sablean Post Office were required before he finally actually found a Justicar to take his testimony. While being interviewed by Celetorin, Gaviani expressed what seemed to be displeasure with the fact he was being questioned on the matter at all. After his initial interview with Celetorin, I attempted to contact Gaviani on numerous occasions using various means. All attempts were either avoided or ignored by Gaviani until I threatened him with an Obstruction of Justice charge. I then received a letter from him answering the questions I had for him. The letter also included a comment from him saying that he felt it was "insulting to him and that it was degrading to the laws of Sable" for me to use a threat of a charge to get a response from him.

Those others who were named as witnesses to events seemed to not recall much in the way of specifics in regards to the arguments aside from the fact that Kayia and Gaviani were constantly bickering.

Conclusion:

Gaviani admitted to planning out the killing of Kayia late in the year of two hundred thirty four. He did so by saying in the interview with Celetorin that he consulted with other citizens of Sable in regards to the matter. Also the admission that he had her "located" as he put it in the interview, shows that his attack was planned. He repeatedly asserted that he was absolutely and completely in the right and made it clear that he felt that we should not even be investigating the matter yet would not give specifics of any incidents when asked for them. He seems to show absolutely no remorse for his actions and was increasingly uncooperative with the Justicars during the investigation of this case.

=================================================  Docket Number: Crim238-2p - Rex vs Gaviani

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==================================== Brief for the King, submitted by Private Vonkar

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=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=              Docket Number: Crim238-2d - Rex v. Gaviani =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=      Defense Brief on Behalf of Gaviani Chai, Sorceror of Thrace in relation to the charge of the Murder of Kayia =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+= Submitted by Deokoria, Thurge of Calypso, and Gaviani Chai, co-Council: Torrid Twenty-Sixth, Two Hundred and Thirty-Eight =+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=

Preface:

As a preface to this document, I respectfully must submit to this court that a certain amount of evidence cited here - namely, at least two material witnesses, as well as a series of correspondance between Vonkar and myself - has been lost due to the extended period of time that these proceedings have taken. While I acknowledge responsibility for the destruction of the letters, as I am not afforded excessive space with the gracious Post Office, two witnesses that were more than a small amount relevant to the defense forthwith proposed have, as of the time of this document, left Sable. I tender my most sincere apology for the damage to the coherency of this defense that this might cause, and hope that such is not viewed as an affront to the dignity of this court.

Rebuttal to "Findings of Fact" - Events in Question:

I do state that, in concurrance with Vonkar's briefing to this court, during some portion of the end of the year 234, I did assault and kill Kayia, a Sorceror of Thrace.

It is at this point, however, that the Prosecutorial brief departs from the realm of fact and enters that of speculation and distortion. I have, over the course of the last months and years of my experiences with my guild, had an unfortunately negative - and at times, violent - repartee with Kayia, a member therein. She has, both publically and in private, made slanders upon my character as well as physically assaulted my person - statements which have called into question my judgement, dedication to the guild, and mere reason for membership within the Guild of Sorcerors. While I ruefully have been negligent in keeping with the documentation of specific assertions (as speech is more easily forgotten than actions), a large number of guildmates of mine, including Astia, Kelnozz, Karithlan, Eberon, Daris, and Kaylus have witnessed many an occasion similar to that which I present before this court.

I do not bring the belief that I was justified within my slaying of Kayia before this court upon impugnments of honor alone, as I was unable to acquire a copy of the much-heralded Rex v. Bandle, in order to legally substantiate the suspicion that her barbs would warrant retaliation in the most grave of manners. Kayia had, before the assault and slaying in question, battered myself on no less than six occasions - these locations included our Guild's Tower, the Adventurer's Guild of Thrace, and the Shrine of Tempest. Several of these occurrances - which included headbuttings, kicks to places that any man would consider painful, and deft punches upon my limbs, were witnessed by guildmates, such as Astia, Kelnozz, Kaylus, and Daris. This court has, as was stated in Rex v. Alexander, Crim183-2d, "shown great deference to the use of self-defense and retaliation by the victim for a crime committed upon his body", a deference I beg to be taken into consideration for the following -

Kayia had, through her actions, proven a repeated pattern of both physical and verbal assaults which no reasonable man would be expected to endure. In response to this, I issued her no less than two face-to-face verbal warnings, one of which was witnessed by Kelnozz Ataria, that the next time she attacked my person physically, it would be responded to with all available force. Approximately two weeks later, Kayia ignored this warning, and kicked my head in such a brutal manner as that I was rendered so thoroughly filled with anger that I was forced to make good upon my heedings. I did, in fact, locate Kayia, and, in respect for the Temple of Bast [as ought be shown for any Temple of the Aether], waited until Kayia left her proceedings and exited the grounds surrounding the temple to spring upon her the trap which she had wrought. Kayia attempted to flee back towards the Temple, but my magic proved too strong, and she shirked off her mortal coil quickly afterwards. This was no quietly planned, coldly considered murder. This, I submit to this court, was the acquisition of the precedentially ordained retaliation that the law provides.

Rebuttal to "Findings of Fact" - Obstruction of Justice:

This Prosecution, within its brief, has most subtly injected itself a second charge for consideration before this court, an assertion that I obstructed justice - or tacitly attempted such - during the course of the judicial events leading up to these briefs. While neither a portion of the formal charges listed in these papers nor a crime I have been served a warrant for, Private Vonkar did attempt to bring this forth as an aggravating factor within the brief that he brought before this court, and, as such, I shall address this, as well. I most humbly pray that I do not depart from the scope of this trial in doing such, and beg the forgiveness of the waste of this court's time if that is the case. In that spirit, I shall keep this section as concise as possible.

Vonkar has archetyped my actions as disrespectful, irreverant towards the legal system, and "increasingly uncooperative with the Justicars." This categorization can only be accepted when analyzed upon the most superficial level. I was first confronted upon this matter via letter from Vonkar, requesting an interview at my earliest convenience. Unfortunately, he sent this note while I was asleep - instead, in order to comply as best I could (as I did not know the man at the outset), I arranged for an interview with the first available Justicar that I recognized. This happened to be Celetorin, and he can state that I more than willingly provided answers to any questions that he brought to me upon this matter. For a short while, this seemingly sufficed Vonkar's interests, and I assumed that my duties to the man had been fulfilled. Soon after, though, he began constantly inquiring fellow Chronites and Phalanxians as to my whereabouts: these quite often happened to be locations and events which he construed I ought return from solely for his convenience. This court, in its precedent, has recognized the right and nature of the accused to treat those attempting to prosecute them in a less-than-friendly manner (especially when threatened with a formal charge of Obstruction of Justice, as once occurred in a letter from Vonkar). Specifically, I cite the case of Rex v. Drazz, Crim182-2d, in which a citizen "accused [of a crime], when served with a summons, may have the right to attack the Police Officer as an enemy, and further, he may have the right to pursue the Police Officer as he returns to the court to register a successful delivery." Upon multiple occasions, Vonkar requested information relating to the location and nature of activities I was participating in from clanmates thoroughly unrelated to his investigation (such as Blog and Deokoria), and, as I saw this in a less than favorable light (and reacted as such), he adopted a hostile attitude towards myself as both a defendant and a person.

For the record, after I had been served with a warrant for this crime, I even brought Vonkar aside and bought him a drink, telling him that there were no hard feelings for the difficulty he might have encountered in his line of work from my perspective, and offering to, essentially, peaceably regard one another from thenceforth. I would hardly think many would consider that the action of a man with an impetus to hinder an case with the sole purpose of spiting its Justicar - however, I am no small part biased in that assessment.

Conclusion:

The Prosecution has approached this case through the lens of presumption that this killing was an act with hidden motive, concealed as tightly from view as possible, in order to mitigate or nullify any potential punishment. Nothing, in fact, could be farther from the truth. From the day of the attack itself until the present moment, I have been plainly honest concerning the events leading unto and encompassing what I submit was the justified slaying of Kayia, a Sorceror of Thrace. It is within this spirit that I submit the above document to this court, with the utmost homage for the justice it shall undoubtedly dispense.

Signed this Twenty-Sixth day of Torrid, Two Hundred and Thirty-Eight,

-Gaviani Chai, Time's Thaumaturgist

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim238-2                        ) )      DECIDED: Solaria 22, 239 Gaviani                 ) ________________________)

Plenary Judgment:

This case is dismissed due to the existence of a more competent jurisdiction.

This issue can be better resolved by the Sorceror's Guild.