Crim198-4

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============================== Docket Number: Crim198-4 - Rex v. Vandern

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============================== Brief for the King, submitted by Dynauld

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At times, crimes outside the set laws of Sable occur, and it befalls the Justicars to bring them to your attention in the hopes of amending those laws to include the new perfidy. Such a case brings before you Vandern, of the Thieves Guild. This citizen saw fit to take it upon himself to speak for, harbor, and shield a known fugitive, and admitted assaulter of the weak, and accused attempted murderer.

When Jaddath [please reference prosecution brief for Rex v. Jaddath] saw fit to hide from the Justicars in disdain for the King's Law, it was Vandern who willingly spoke out for him, even attempting to insert his own concepts of "deals" and "assurances" into matters. Vandern and other unknown compatriots in the Thieves offered Jaddath succor [a fact upon which magical scrying confirmed repeatedly], attempting to circumvent the Law and allow him to go about his merry way. Vandern freely admitted to stepping forward for this fiend Jaddath in the Griffon on that day, Hoerfest 17, 198, and I ask that the Law be expanded to show that harboring a known criminal entails besmirching your own soul before Bilanx and Borgia.

Please let your judgement be swift in these matters, and bring to our Town the Justice you so often proffer.

Captain Dynauld, Archmage of Sable, Justicar of Bilanx

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================================ Docket Number: Crim198-4 - Rex v. Vandern

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================================ Brief for the Defense, submitted by Vandern

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I see the charges that I am presented with, and I am shocked and humbled. I have no choice but to offer up my defense of the matter, for I am a strong believer in what is right and just, despite any affiliations I may be dubbed with.

As you are fully aware of the events of our conversation in the Lounge, I need not explain the circumstances. As it was, my comrades and I were in a great state of indecision. Jaddath refused to speak to much consequence and the others demanded that he be allowed to remain under protective custody. Be it no mistake that I have always been, at heart, a noble person. It has been my strongest belief in doing what I thought was best. Despite what crimes Jaddath may have committed, he was still a man, and, out of bonds of compassion, I sought to clarify the entire matter. Why, had I not intervened, we would have still be arguing in in the Lounge, and matters would have been worse off than they currently are. As I fought to reach a settlement with my brothers and sisters, Jaddath finally explained his unease to confront the law. The tavern was filled to the brim with fighters, armed to the teeth and palming their weapons expectantly. Naturally, I had to demand some sort of settlement, so that he could be certain that he would survive long enough to speak his case. Perhaps that would not have mattered. Sadly, I learned of his slander of the Justicars and fighters present later on. Though desperately pleading with him to speak in kinder tones, he persisted, no doubt leading to his frequent listing in the obituaries.

And I? I learned that despite all the good intentions one might have, you can't help everyone. Unfortunately, this spark of knowledge came too late. As it stands, I sought to reach a settlement in which a minimum of blood would be shed. Due to his beligerance and other outstanding factors, my dream was not achieved. Some might question why we did not forcibly bring him into the tavern. My only answer is that, despite the practices of other guilds, we run a state of democracy when our elders are not present. So you can see how difficult it was to finalize a decision from many differing viewpoints. And, of course, the constant hail of death threats from a certain notorious fighter did not aid to rational thinking.

In conclusion, I acted in what I believed were the best interests of the city, its peoples, and of course, King Borgia himself. Being a good man, I would hope that he would understand my pure intentions. This is my defense. Please consider it with an unbiased mind.

My Thanks,

Vadern

King's Bench of Sable

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim198-4                        ) ) Vandern,               )       DECIDED: Twilight 10, 197 Defendant              )                        ) ________________________)

Charge:

Vandern stands accused of aiding and abetting a fugitive from the law.

Findings of Fact:

Jaddath was guilty of numerous crimes, and refused to meet with the justicars. Vandern assisted Jaddath in evading the law, and served as a negotiator and speaker on Jaddath's behalf. Vandern sought to negotiate some kind of deal for Jaddath to proceed to meet with the Justicars regarding other crimes.

Discussion:

Count 1

To the crime of aiding and abetting a known fugitive, I am unconvinced that it was Vandern's aim to actually assist Jaddath in evading the long arm of the law. I am persuaded by Vandern's frank admission of his other wrongful acts that his intention was truly a peaceful resolution of the matter. In particular, I find the following statements to be true assessments of both the facts, and the intent of the accused:

From Crim198-4d:

"As it stands, I sought to reach a settlement in which a minimum       of blood would be shed.  Due to his [Jaddath's] belligerence and        other outstanding factors, my dream was not achieved."

"Some might question why we did not forcibly bring him into the       tavern.  My only answer is that, despite the practices of other        guilds, we run a state of democracy when our elders are not present."

The prosecution presented no evidence that Vandern's intent was to actually result in Jaddath evading the law indefinitely. To wit, I am thoroughly convinced that Vandern had no such intent.

Counts 2 and 3

However, this is not Vandern's job. If Vandern wished to be an officer of the court who assisted in the meting out of justice, then perhaps he should have chosen the life of a Justicar rather than that of a shadow lurker. The administration of the laws, the interrogation of witnesses and suspects, and the deliverance of punishments falls under the purview of the King and then to the Justicars as his proxy. It is not the task of any citizen to assume when it suits their interests. To allow such rogue anarchy would be deleterious to the maintenance of an ordered and peaceful society.

From Crim198-4p:

"it was Vandern who willingly spoke out for him, even       attempting to insert his own concepts of 'deals' and        'assurances' "

Such an attempt to make "deals" with the Justicars was truly absurd. Jaddath was required by law to meet with the Justicars to discuss the accusations levied against him. A warrant had been served and processed. Jaddath had no legal recourse other than to comply with the Justicars. No deals can be permitted in such situations- only obedience.

From Crim198-4d:

"It has been my strongest belief in doing what I thought was       best. Despite what crimes Jaddath may have committed, he was        still a man, and, out of bonds of compassion, I sought to clarify        the entire matter."

Again Vandern admits to attempting to take the law in his own hands. He sought to serve as the arbiter of justice. This simply is not his place.

From Crim198-4d:

"The tavern was filled to the brim with fighters, armed to the       teeth and palming their weapons expectantly.  Naturally, I had        to demand some sort of settlement, so that he could be certain        that he would survive long enough to speak his case."

Naturally, Vandern should have stayed out of the matter and urged his guildmate to comply with the law.

Count 4

There is one further issue to resolve, and that is a pair of slanderous statements present within Vandern's brief:

From Crim198-4d:

"So you can see how difficult it was to finalize a decision       from many differing viewpoints. And, of course, the constant        hail of death threats from a certain notorious fighter did not        aid to rational thinking."

This is an obvious slander of an unnamed fighter.

Count 5

From Crim198-4d:

"This is my defense. Please consider it with an unbiased mind."

This is a clear and repugnant slander of the legal system and of its Judge. The law and the Judge are agents of Bilanx himself. It would be impossible for it to be anything but unbiased. Such statements can be construed in no other way but as a backhanded accusation.

I must note that the legal process is not to be abused as a means for defendants (or prosecutors) to sound their personal gripes or to vent their spleens. Any attempt to utilize the legal process to malign the reputation of individuals or entities not party to the matter in question shall be dealt with harshly.

HOLDING:

Count 1: Aiding and abetting a known fugitive - Not guilty.

Count 2: Unauthorized practice of law - Guilty

Count 3: Obstruction of Justice - Guilty

Count 4: Slander - Guilty

Count 5: Slander - Guilty

Sentence:

Unauthorized practice of law: 1 orb fine

Obstruction of Justice: 5 orb fine

Slander (count 1): 1 orb paid to a representative of the fighter's guild

Slander (count 2): 10 orb (paid to any justicar)

The payment of all fines must be witnessed by at least one justicar. Fines not directed to an individual must be paid to an officer of the court (the clerk or any justicar).

Failure to pay will result in without a hearing.

By the Will of Bilanx - Judge of Sable