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#Post#: 330--------------------------------------------------
Does a Ship of State Need a Captain?: Captain Australia
By: insert name Date: June 8, 2017, 6:12 pm
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The trial is a long and arduous process. The young Mr. Lance
pushes hard, and his court appointed lawyer is remarkably good
at his job. Their point is that the actions of Captain O'Doyle
and his detainment was entirely illegal.
Lance seems nervous in the meetings. He keeps rapping his
fingers on the table in a dull monotonous beat. It's annoying.
Judge Wallace Hacksaw is gray haired and has a face like a lemon
that'd spent thirty years sucking on another lemon. He listens
dispassionately to both sides under his wig.
Since this is a common law case, the decisions Hacksaw makes are
to go down in law as precedent for all future cases. He seems
well aware of this, as do the others.
O'Doyle's testimony stands against Cooper's at the heart of all
this, as is Lance's.
Lance's testimony begins with an apology for his behavior, but
goes on to frame O'Doyle's actions in a very poor light. He
never lies, but since the truth includes talking about how
O'Doyle used powers on him and revoked his free will, that's a
powerful case.
[hr]
OOC
I just need a general description and roll for your testimony.
Decide whether or not you risk using your persuasive abilities
and whether or not you want to lie or embellish facts at all.
#Post#: 333--------------------------------------------------
Re: Does a Ship of State Need a Captain?: Captain Australia
By: theihog Date: June 8, 2017, 9:30 pm
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O'Doyle calmly his states his side of the story and his logic on
the the bush excursion when asked about it.
OOC I will state more in person about the command stuff.
#Post#: 367--------------------------------------------------
Re: Does a Ship of State Need a Captain?: Captain Australia
By: insert name Date: June 15, 2017, 12:04 am
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On review, here's what actually goes down:
1) Cooper Lance is released from his detention after only 31
hours. His powers remain unknown, but holding him longer, Dunz
is convinced, will simply make things worse.
2) Cooper Lance files a formal complaint to the police. His
accusations include a) that O'Doyle's first use of metahuman
powers on him constitutes assault, arguing specifically that use
of a metahuman ability is an application of force, b) O'Doyle
use of powers constitute excessive force in detaining Lance and
c) Lance's transportation to the mountains was an entirely
illegal act of kidnapping, not an extension of any form of
recognized legal detention.
Notably, Lance does not seem to tell anyone about the events,
except when informing the police, and even then is vague on
certain details with the police. This is unfortunate, as Dunz
had hoped to simply lock the situation down after Lance broke
national security.
3) The police, not able to even hear the whole story, kick the
problem upstairs. The Commonwealth Police Force then finds
themselves unable to directly handle the problem as well, and
starts petitioning Parliament to clear a team of investigators
for the issue.
4) The stink raised is sufficient for a Parliament already
nervous about metahumans to not only allow a team to investigate
the incident, but also to launch a larger Inquiry into the
practices of the Metahuman Authority.
5) The military police, not to be left out, get involved
because, besides normal law breaking, O'Doyle may be guilty of
Irregular Detention, Injurious Disclosures and, possibly,
Scandalous Conduct of an Officer, which are all offences in the
Australian military.
6) The Inquiry, in its natural course, performs an interview
with O'Doyle to get his side of the story. The investigators
similarly ask him some questions, though tend to ask more
pointed and direct questions.
In general, the Inquiry simply wants to know about the processes
of the operation, the depth of O'Doyle's remit, and what actions
have been taken. The investigators, meanwhile, are only
interested in the specific incident with Cooper Lance.
And then the military police come in for the third round...
I need to know what O'Doyle tells the Inquiry and the
investigators, and whether he uses any powers on them to sway
them. Once I know that I can figure out what 7 is.
Oh, and as we discussed military courts, I'm going to point this
out:
You are not presently on Active Service. Since you are working
for the Metahuman Authority, which is not itself a military
operation, you're on Reserve. As such, you are subject to a
great many military laws, but are treated as a citizen first and
normal laws apply to you before the military gets their crack
(i.e. the military can't try you for assault because the normal
law already is, and as of 1964 both courts are part of the same
system authorized by the High Courts... previously High Court
actually overturned a lot of military court decisions).
#Post#: 368--------------------------------------------------
Re: Does a Ship of State Need a Captain?: Captain Australia
By: theihog Date: June 15, 2017, 9:41 pm
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OOC
1. O'Doyle gets a lawyer
2. I would need to see the pointed question
3. He takes his time with all of his answers and in some cases
depending on the question he might use some or all his powers.
#Post#: 376--------------------------------------------------
Re: Does a Ship of State Need a Captain?: Captain Australia
By: insert name Date: June 21, 2017, 12:14 pm
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Following up:
Contrary to what I said in session, the first trial for assault
ends before it is declared a mistrial.
Instead, Captain O'Doyle is found innocent of Assault by means
of Self-Defense. He is found guilty of Illegal Detainment.
However, given extenuating circumstances (both his apparent
belief he was doing the right thing and the fact he cannot be
imprisoned) the sentence of five years in prison is commuted on
a good behavior bond and a requirement of community service. The
judge's summary is uniquely interesting in recommending
extrahuman community service measures, which is to say community
service that ordinary humans could not perform (this goes on to
spark a conversation elsewhere, where people begin legitimately
arguing whether extrahuman community service should reduce
sentences, or that's a breaking of the rule of law).
The prosecution presses for an appeal on the grounds of that the
judge and jury could not possibly be impartial with O'Doyle in
the room.
The Appellate Courts of Australia take up the appeal claim and
have an appeal trial scheduled to begin in December.
O'Doyle's lawyer has already advised O'Doyle that his testimony
in the original case will probably be used as grounds for the
appeal to be considered in absentia (basically, they're going to
say that his presence by definition constitutes conduct impeding
the trial), but begins working on the case, and O'Doyle will be
kept informed and allowed to submit written testimony.
The military is planning on having their tribunal in November.
#Post#: 380--------------------------------------------------
Re: Does a Ship of State Need a Captain?: Captain Australia
By: theihog Date: June 21, 2017, 10:26 pm
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My response to the conviction is to seek an RPM because I was
following standing orders and when was the trial for the
detriment?
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