Lawsuit: Adjourned ZeketheKaiser v Government

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Cooleagles2005

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Cooleagles
Cooleagles
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Good Evening,

Seeing as the Plaintiff's lawyer is away until Saturday, I am left with no choice but to put the case on hold. However, I think the court has also heard enough to make a verdict. I apologize to both parties as at first I did allow for a redirect and recross period, but the court no longer requires such.

Therefore, @TedHastings_AC12, is thanked for their time and is relieved of their duty as a witness.

On Sunday, the 26th, I will ask both parties to present their closing statements. The Court asks that both parties do NOT post their statements any earlier. 12 AM EST on Monday, the court will no longer accept closing statements. The Plaintiff has already told me that they have their closing prepared, so the Defense has from now unto Sunday to prepare their closing. Once they have been posted, the court will release its verdict by the end of Monday.

If either party has any questions they are more than allowed to ask.
Until Sunday the 26th this case is put on hold
That is all,
Thank you
 

bharatj

Moderator
Staff member
Moderator
Department of Justice
Department of Construction
Lawyer
bharatj
bharatj
Constructor
I will be out of town until the 27th, can the case be resumed on the 27th instead of the 26th?
 

Cooleagles2005

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Lawyer
Cooleagles
Cooleagles
Lawyer
Good Evening,

That is fine. Everything else as priorly stated is to be the same, except the case will resume on Monday the 27th.

That is all,
Thank you
 

bharatj

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bharatj
bharatj
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Can we change the date to Wednesday to resume this case?
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Then the case shall resume on Wednesday. However, I will not push this case back anymore after this. If more issues arise, we can discuss secondary options; but until then, this case will resume to Closing Statements on Wednesday, June 29th.

That is all,
Thank You
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Evening,

Each party has 24 hours to post their closing statement. The plaintiff will post theirs first and then the Defense can post theirs second. Closings will not be accepted this time tomorrow. Once each closing has been posted, the court will enter recess until a verdict is released; which will probably be by the end of the week.

If either party has any questions, feel free to ask.
That is all,
Thank You
 

ZeketheKaiser

Department of Economy
Department of Economy
Lawyer
ZeketheKaiser
ZeketheKaiser
Treasurer
Your honor, this has been a long case with arguments going every different way. But lets not forget the basics. Supersuperking ignored legal methods, such as the courts, to remove the Speaker of Parliament. The defense has tried to claim that because the SoP was ignoring their responsibilities, that gave the defendant all the justification he needs. However, this is a slippery slope if the defense is allowed to win. What happens the next time a parliament member feels someone should be removed? Should they then say screw the law and remove someone while pointing at this case for justification?

The defense has also tried to compare supersuperking to Ted Hastings. But, as I mentioned earlier, there is a very important difference between the two. Ted Hastings was a Deputy Speaker, Super was not. This means Ted had justification but this doesn't mean Super had justification as he wasn't Deputy Speaker and couldn't have been allocated that responsibility.

All of this is to say that under no circumstances should the law be thrown to the curb for "the greater good" or any other excuse and the defendant has clearly done that.

Thank you your honor for presiding over this long and drawn out case.
 

bharatj

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Your Honor,

While the government does not agree with the course of action taken by supersuperking, the potential for abuse of power cannot be ignored. With the Speaker of Parliament not properly doing his/her duty in the sake of a VoNC against the Speaker themselves, an individual in that position may block a vital democratic process.

The damages being requested, again, are no longer relevant. However, as I’m sure the plaintiff would agree, I would like to urge parliament to clarify processes to minimize the change for abuses of power, so that something like this does not happen again.

The government does not say that supersuperking was given all the justification he needs. Not properly fulfilling the duty of the speakership is unjust, as is breaking protocol in a democratic process. The defense simply raised the question of whether it is worse to follow a democratic process toward a danger to democracy or break a democratic process to ensure democracy. Neither are correct, and a decision in either direction will lead to a slippery slope. This is why I request the courts to make it clear that both individuals were partly wrong in their approach to this situation, and to urge the parliament to make necessary changes to VoNC procedures to prevent chances of abuse, as well as preventing another situation where an MP must break protocol to do what they believe is right for democracy.

Taking TedHastings into the equation, they are not the same. The plaintiff claims that they cannot be equated for the reason that Ted was DSoP. In the plaintiff’s cross examination of the witness, the plaintiff asked the question ,”Because you were Unity's Deputy Speaker, and he gave you permission to initiate the VONC, it was an example of the Speaker delegating some of their powers to the Deputy Speaker, wasn’t it?” to which the witness replied, “No. Having been a speaker myself, when delegating power the speaker needs to list the powers given to the DSoP. Not simply use a passing remark of, do it if you like.” This shows according to the plaintiff’s own cross examination that the plaintiff’s logic of Ted being allowed to do what he did when he initiated a VoNC was allowed due to official permission from the Speaker is illogical. While it is true that the Speaker knew that Ted was initiating a VoNC prior to it happening, permission wasn’t given in official capacity, effectively making the actions the same as what supersuperking had done.

As stated previously, the law should never be thrown to the curb. The law is a sacred institution to enforce order and promote democracy. But when that democracy is threatened, does one step out of line to save democracy, or does one destroy democracy in its own name? That is left up to the courts.

Since the damages being asked are no longer relevant, and a decision in either direction would prove to set a dangerous precedent. I request the court, yet again, to use this case to urge parliament to take a look at VoNC procedures, or any other checks and balances institution, and to make any changes necessary to maintain integrity in those institutions.

Thank you.
 

Cooleagles2005

Citizen
Lawyer
Cooleagles
Cooleagles
Lawyer
Good Evening,

I'm glad we could finally make it to this point after what is I believe our most prolonged lawsuit. I will also say this is very important, no matter who wins or loses. That is because this case has established numerous precedence for the organization of future cases. Numerous objections and how they are gone about, the idea of redirects and recrosses, expert witness testimony, and even small aspects like a sidebar. All are established within this case. Let this not only be a mark for future cases to see how these procedures are done but a mark that sets that path for even greater things to come to our Judicial System.

Nonetheless, let's get into the verdict

Plaintiff:
The Plaintiff has come to court to argue the following points:
1. Supersuperking broke part of the procedure for initiating a VoNC as stated in the VoNC Reform bill: "The process begins with Parliament's joint decision to initiate a vonc against an accused government official being presented by the Speaker."
2. Despite the situation surrounding the VoNC, and the speaker's alleged lack of action in announcing the VoNC himself, the law is as stated and it should be followed and preserved to its letter.
3. TedHastings was the DSoP at the time the Speaker had asked him to announce a VoNC; therefore, the Speaker has never delegated those powers to a Member of Parliament but rather the Deputy Speaker, which they are allowed to do so.
4. It will set a poor precedent if ruled in the Defense's favor as it could lead to individuals overstepping their powers.

Defense:
1. Supersuperking was doing his constitutional duty by representing the people and maintaining democratic practices.
2. The Speaker was not fulfilling their constitutional duties and when Supersuperking approached the SoP and DSoP, he was met with inaction. Moreover, someone had to step forward and take action.
3. Koalition had granted Supsersuperking permission
4. Although TedHastings was the DSoP at the time the Speaker asked him to announce the VoNC, as the witness stated, it has to be an official transfer of powers.

Verdict:
Now, the big argument throughout this case is essentially between law and morals. It was legally incorrect for Supersuperking to make the announcement as they did not have the proper power/jurisdiction. This is something I think even the Defense has come to admit in the very end. However, it is more morally right for him to have done it as it protects democratic practices and procedures. I think this is even a point that the Plaintiff could agree with; however, their stringent argument towards the law is the more accurate one. As much as I understand the situation our Parliament at the time was put in, procedures can not be ditched to try and make a poor situation better. In reality, all it does is make it worse. The Defense had asked if, "it is worse to follow a democratic process toward a danger to democracy or break a democratic process to ensure democracy." Well if you were to follow a democratic process, follow the law, ride a good path, and somehow end up going down a bad road. You learned about a bend in that road, you learned about a loop, a problem, which needs to be fixed. Therefore, you fix it and continue down the road. If you break a democratic process in hopes of fixing another, did you really fix it? You yourself have now created a bend created a problem to try and have a good result; yet, what happens to the problem created? So, it is my opinion that one must all follow the law, follow the rules, and follow the good path. When things get bumpy and bad, which they will, that is the time to act and fix things. You can not start off-center and expect the road to fix itself as you build, it will still always be off-center in the beginning.

Additionally, the idea that because Koalition gave someone permission to do something so therefore it is alright is a terrible mindset. Koalition has powers that he can use to officially order things. This is something that is in the law, this is something that actually exists. The idea that whatever the owner says goes, defeats the whole purpose of having a government, politics, economy, literally everything. Obviously, I have much respect for Koalition, but his word is not the almighty word that overrules everything. He has an emergency veto and that is the sole way he can influence the server from the owner position.

Finally, in regards to the point about TedHastings and whether or not the Speaker at the time had actually delegated powers to him, there is nothing written (that I know of) that states specifically how the transfer of powers works. therefore, it is hard to rule in either direction as there is nothing to look back on.

Final Verdict: I hereby rule in favor of The Plaintiff. I will be granting no relief as the VoNC has long passed. However, this has been a very important case for establishing precedent. Not only the ones I mentioned above but also the idea that a situation does not change law and its verbiage unless specified within that law.

I will take this moment though to say one last thing, as I do believe it is a good time to do so. I do agree with the Defense and I do ask that Parliament look into these bills and ensure they are well up to date and secure. I do believe a bill was released after this situation, one that clarifies this whole case; however, I could be mistaken. Nonetheless, look into and fix that which needs fixing.

I want to thank both parties for their hard work, dedication, and patience throughout this long and unusual case. It has been a pleasure to rule over it. If anyone has any questions about the verdict, they are more than welcome to ask.

That is all,
Thank You
Court Adjourned
 
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