Crown v. Holloway (Represented by Quince Harkreath)
Borodin M.
After an attack on Herald Fisher (the King's brother) several days ago, and broad suspicions that the military was somehow involved, the King ordered a sweeping investigation into military practices. The order provided sweeping investigatory powers to Vick Blake and Reyhenna Jorino, including the power to Gaol, and the power to use lethal force should the investigated military officials resist the Gaoling.
In the aftermath of this investigation, former Guard Captain Oscar Halbrook, former Defender Captain Gom, private arms dealer Oliver Holloway and his counsel, Quince Harkreath, were Gaoled. It is said that Halbrook has been sentenced to death by the military tribunal. Whether he will appeal to the King is unclear. Gom has been sentenced to Gaoling until the investigation is over.
Quince Harkreath successfully appealed to the King and to the Magistracy for a Civil Trial, given that neither of the two private citizens are military and never in the history of Peltarch has a military tribunal (rather than the civil Magistrates) decided an allegation of treason against a private citizen. The King approved the appeal. The civil trial was speedily and summarily dismissed in Holloway's favour by Magistrate Vlana Borodin, who noted, memorably:
"First, on the matter of my civil jurisdiction. Counsel Harkreath has successfully demonstrated clear precedent that military tribunals have no authority over civilians that are Peltarch citizens. Never once in the Jewel Monarchy's history have we allowed military tribunals, and military law, to decide the fate of civilians. Military tribunals and military law are backed with fewer procedural safeguards and a loose standard of proof that is not applicable to a civilian. For example, members of the military, facing trial by military law, do not have the right to counsel. While there are some cases of military trials that did allow for the right to counsel, many have not, due to the delicate and expedient nature of military tribunals. All of this, whereas the Peltarch magistracy has always allowed representation by legal counsel. Furthermore, Quince Harkreath successfully argued that the very premise of a military tribunal to decide the fate of a civilian sniffs of influences that defy the Peltarchian monarchy's rejection of Banite tyranny, which is enshrined in legislation under article 1.19 of the code of laws, which reads:
1.19: Heresy - worship of, or membership in, the Church of Bane or Cyric is a crime. Recommended Sentence: Banishment to death penalty.
For these reasons, Peltarch's Magistracy assumes jurisdiction over this case.
Second, on the matter of treason under section 1.00 of the code of laws. That section reads:
1.00: Traitorist Act - Betraying the City of Peltarch by giving information, aiding, or conspiring with an enemy faction of the city is a violation of the law. Recommended Sentence: Death Penalty
The evidence in this case is scant. The Crown's appointed investigators relied almost entirely on intuition and suspicion, rather than hard and clear indicators of treason on the part of Ser Oliver Holloway and Quince Harkreath. Given the dire situation and Blake and Jorino's mandate by their Crown, it is difficult to hold either of them in bad faith or blame. Nonetheless, it is equally true that we cannot Gaol or execute citizens for treason, on mere allegations and without clear evidence of that very treason. Some documentation that was found during the investigation suggests that Holloway sold weaponry to the traitorous soldiers. It is true that, as a dealer of weaponry and armor, Ser Holloway sold weapons to the traitorous soldiers. But it must be remembered that it is very common for the Crown to contract civilians to provide equipment to its military. As well, Holloway sold this weaponry to the traitorous soldiers while they were part of the Peltarchian military, as a part of a sale to all of Peltarch's military. Are we to Gaol every enchanter, cobbler, leather-worker, bread-maker, inn-keeper and anyone else who provided equipment, attire or useful services to these traitors while they were employed by the military? I think not. For these reasons, the charges of treason against Oliver Holloway and Quince Harkreath are summarily dismissed."
[DM Xanatos Gambit]
