Crim235-3

================================================= Docket Number: Crim235-3p - Rex vs. Arlach

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

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Statement of Fact:

On Solaria, 24th, the Elder mage Ciri and the priest of Kylamane, Arlach were fighting in the dome. Ciri had recently been promoted to Elder status by Magius and found her familiar. She was still unacquainted with the cat and left the cat in the entrance area of the arena while she was fighting Arlach in the dome. Arlach won the dome fight and Ciri was in serious condition in the recovery room.

At the same time a young fighter called Bracus was in the dome. When he exited the dome, he saw Ciri's cat and attacked her[see Appendix A]. When Ciri came out of the recovery room, she was still in serious condition and could have easily killed by the pain that the death of a familiar causes.

Ciri realized that Bracus was a young fighter and told him to stop attacking her cat. When he didn't stop, she tried to leave with her cat, but being unfamiliar with the cat, she needed a while to command the cat to follow.

When she left the arena, Bracus followed and continued attacking the cat. Ciri left for the tavern, hoping to find Arlach and informed Arlach about the incident via their personal mindlink.

But Arlach was not at the tavern, he was still in the dome, and when he exited the arena, he found Bracus standing there. The two discussed the cat and the incident[see Appendix B].

Ciri realized that Arlach was not at the tavern and deduced that he must be back at the arena where the attack on the cat happened. She returned, and when she came to the part of the North Road where Arlach and Bracus were standing, Bracus and the cat immediately resumed their fight.

In defense of her cat, Ciri attacked Bracus with lethal means now. Arlach joined in by fatiguing the fighter. He intended to use lethal means, but Bracus was dead too fast for him to join the fight. According to the Sablean Times, his death occurred at 22:12 on Solaria 24.

This incident was witnessed by a fighter called Urgot. After Bracus' death, Ciri collected his gear and gave the gear to Urgot.

Immediately afterwards, Ciri and Arlach reported the incident to the Justicars. Ciri's letter was postmarked approximately 23 o'clock the same day, Arlach's was postmarked 9 o'clock the following day.

Discussion of Arlach's involvement:

Arlach has confessed to casting a spell of fatigue on Bracus at the beginning of the fight, and he told the Justicars that he intended to use lethal means. The Justicars recommend therefore to find Arlach guilty of the crime of Assault.

Considering the fact that Ciri was far more powerful than Bracus and there was no need for Arlach's intervention at all, there is no way to justify the Assault. It is clear that Arlach did not realize this:

Justicar: "Why did you fatigue him?" Arlach: "Its a strong ability in battle. I wasn't aware to his    strength, and didn't want Ciri to perish." (quote from Arlach's interview with the Justicars)

But the fact that the events clearly indicate that Arlach's fatiguing spell was the main reason for Bracus' death, and the gross mismatch in power between Arlach and Ciri on the one hand and the young fighter on the other hand don't support a justification for reasons of a life threatening danger for Ciri.

Recommendation:

The Justicars would like to quote Rex v Xiphias (crim182-3j). Arlach immediately reported his deed and his attitude towards the events clearly shows that he acted in good faith and is willing to cooperate with the legal system: "In my knowledge I followed the law, and if broken by myself in any way, I will willingly serve any punishment you see worthy. I had enough of crime in my life" (quote from Arlach's interview with the Justicars). Appendix A: Discussion of the evidence for Bracus' aggression ~ Bracus claimed in both of the interviews with the Justicars that the cat attacked him (instead of the other way round):

"as i left i came across a cat that attacked me upon leaving  the dome to the arena" (1st interview)

Justicar: "Did you at any time attack the cat" Bracus: "no, i did however poke it" Justicar: "You poked it?" Bracus: "i don't remember attacking it" Bracus: "yes, i poked it" Justicar: "And you never started a fight with it at all?" Bracus: "not to my knowledge" Justicar: "are you sure all you did was poke it?" Bracus: "i dont remember if i attacked the cat at first but if thats    true then i must have. all i know is that when she asked me to      leave i tried and she followed and then killed me" (2nd interview)

After several experiments with familiars of mages and the expert opinion of Elder mages, the Justicars certified that it is impossible that the fight with the cat started without aggressive intent on Bracus' side.

Appendix B: Bracus' recollection of Arlach's involvement ~

In both of the interviews, Bracus claims that Arlach told him that he wanted to kill the cat:

Bracus: "i was about to enter the guild when some one that was there    asked me if i had seen a cat as he wanted to kill it" Justicar: "He said he wanted to kill it?" Bracus: "yes" (1st interview)

Bracus: "i remember that the other person that was there asked me at    first if i had seen a cat around as he wanted to kill it" (2nd interview) After reviewing the events carefully, the Justicars are sure that this was just a misunderstanding. It makes no sense that Arlach tried to kill the cat. He is one of Ciri's best friends and was specifically called for assistance because the cat was in danger.

No brief on record.

No judgment on record.