United States of Argonath vs. [EAF]Alarba

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.01.13
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

I. Opening Statement

6th January, 2018, a former henchman of a group known as Eighth Avenue Furies has reached out to the police department in order to provide the law with valuable information against a member of the said organisation.

In an interview given to the VCPD, the said henchman has testified that the Property #46, located on Prawn Island, harbours illegal weaponry. The informant has led the police to the property where they have shown illegal weapons being harboured in a secret hideout inside Property #46. The property's owner is [EAF]Alarba. A search and seize warrant has been requested on the same day and issued by Honorable Judge Alexander Treblin. It was executed on 11th January, and the following illegal weaponry was found in the defendants property:

M60 Machinegun (1607)
Flamethrower (400)
Desert Eagle (450)
Bulldog Shotgun (609)
Explosives (71)

All illegal weapons have been confiscated.

The said henchman has testified that said weapons were acquired by illegal means, and have been gained via assisting group of weapon traffickers on their voyages through Vice City. The Vice City Police Department, representing the state in this lawsuit, find this to be a great crime against the state.


II. Legal Reference

1.

Section 5: Illegal Possession Offences
It is a criminal offence for any person to be in possession of:
   (a) an M60 Machine Gun and any relevant ammunition for such weapon, or
   (b) a Bulldog Shotgun and any relevant ammunition for such weapon, or
   (c) a device that can project fire or flames and any petrol, fuel or other thing used to project such fire or flame, or
   (d) a rocket propelled grenade launcher and any relevant ammunition for such weapon, or
   (e) an explosive grenade(s) or remotely controlled explosive grenade(s), or
   (f) a Desert Eagle and any relevant ammunition for such weapon, or
   (g) a Kurz SMG and any relevant ammunition for such weapon.
   (h) a traffickable quantity of gemstones, jewels, raw minerals or any other objects or items that are similar in nature and/or purpose.

2.

Section 9: Smuggling Offence
It is a criminal offence for any person to help traffic or bring in any contraband that is not being transported by legal means such as shipping or business delivery to Vice City.

3.

Section 10: Strict Liability
All criminal offences within this ordinance are to be interpreted that of strict liability, meaning that intention or mens rea is not required to find a defendant guilty of an offence in this ordinance.

III. Charges

1. Posession of illegal weaponry.
2. Cooperation and taking part in illegal weapons contraband operations.

IV. Demands

1. Citizen [EAF]Alarba to be fined 400.000 ARD for posession of illegal weaponry in tremendous amounts.
2. Citizen [EAF]Alarba to be fined 300.000 ARD for part-taking in illegal weapons contraband.
3. Citizen [EAF]Alarba to be imprisoned for ten years in federal prison (20 minutes)
4. That Vice City Police Department is granted a long-term search warrant for Property #46, Prawn Island for the period of two years (two weeks) after the defendant serves his sentencing to ensure that no further attempts of use of this Property for criminal operations are made.

V. Settlement Offer

Vice City Police Department is willing to lower its demands to:

1. Fine of 500.000 ARD in total.
2. Imprisonment for 5 years (10 minutes)

if the defendant pleads guilty of all charges and agrees to consent to police searches on his property for the period of five years (five weeks) after a sentencing is issued.


VI. Evidence

1. Ms. Mary Kappen, witness, former henchwoman of the Eighth Avenue Furies, providing the police with a Secret hideout for illegal weaponry in the defendants home.
https://imgur.com/ygVQU7j

2. Items found in Property #46, Prawn Island
https://imgur.com/a/8pcaa

3. Ms. Mary Kappen testifying that her former associate, [EAF]Alarba, has knowingly acquired these weapons while part-taking in illegal weapon trafficking operations:

Code: [Select]

https://imgur.com/dpcUIDj
https://imgur.com/IUTx0Ws
https://imgur.com/r7TxHwQ
https://imgur.com/2OGFfTG
https://imgur.com/khnfIYh
https://imgur.com/OQFpMZE
https://imgur.com/FqGgmvH
https://imgur.com/gpzA5Ht
https://imgur.com/WJh9L8Q

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v [EAF]Alarba" Proceeding Number: VC-CR0001/18

COURT MINUTE

The Court has received notice of the criminal case and will be processing the matter once the prosecution provides evidence of the defendant being issued a summons. The defendant has from the time of the prosecution's summons, five days to enter into a plea (guilty/not guilty). 

DATED, on this 14th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Huntsman]

Your Honour,

The Prosecution has issued a court summons to the defendant.

Proof:
https://imgur.com/a/4cntw

[Alarba]

Dear Judge,

I have received the following court summon: https://imgur.com/a/4cntw

Upon checking up with the Court Administrative Services I have found myself not only being sued under the charge of "illegal possession", as the summon mentions, but also under the charge of "Cooperation and taking part in illegal weapons contraband operations".

I ask your Honor for a delay in the plea submission, spanning two extra days, or for the five day period to start anew should I receive a proper summon, considering the faulty summons I have received from Chief of Police Gabriel Adams.

[Huntsman]

Your Honour,

The Prosecution has sent an updated notice of summons to the defendant. However, we find this excuse absurd and nothing but an attempt to stall the case. I shall bring it to your attention, your honour, that there have been previous cases of such attempts and they were not taken lightly in the ruling. The court summons has informed the defendant of the fact that he is taken to criminal court and that is self-explanatory. Nitt-picking on the details is nothing else but an attempt to obstruct justice from taking place.

[Alarba]

Your Honor, I resent the Prosecution's attempt to present me in such a negative way, possibly to influence You, before trial has even started.

My plea is as follows:

In reguards to:

• Possession of illegal weaponry.
• M60 Machinegun (1607) - Not guilty
• Flamethrower (400) - Guilty
• Desert Eagle (450) - Guilty
• Bulldog Shotgun (609) - Not guilty
• Explosives (71) - Not guilty

• Cooperation and taking part in illegal weapons contraband operations.
• No case for the defendant to answer (no case to answer plea)

I would like to submit a summary for the basis of my guilty plea on the two counts of "Possession of illegal weaponry" and to submit a defense for the remaining three.

[PulseEffect]

Vice City Law Courts Argonath Federal Court

From: The desk of the Honorable Alexander Treblin Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v [EAF]Alarba" Proceeding Number: VC-CR0001/18

COURT MINUTE

The Court notes the defendant's pleas and as a result the case will to go trial over four charges to which the defendant has plead not guilty or raised no case to answer motion. The defendant shall file his primary defence by the 8th of February, the prosecutor will have until the 16th. From the 16th onwards I will give further directions at that period.

THE COURT ORDERS THAT:

[1].        That the defendant file and serve on or before the 8th of February 2018 its written primary defence submissions.

[2].        That the prosecutor file and serve on or before the 16th of February 2018 its written submission in reply.

ORDERED, on this 29th day of January, 2018.

Signed,

Alexander Treblin
Alexander Treblin
Judge

[Alarba]

The Defence's written submission is as follows: Primary Defence Submission

((pdf file))

[Alarba]

The Defence files a Motion to Compel:


• The Prosecution has not met the deadline set in Court Order, from the Court Minute, dated 29th day of January, 2018.
• The Defence moves this Court to order the Prosecution to file and serve its reply to the Defence's primary defence submission within 2 days.
• The Defence was prompt to submit its primary defence. The Defence believes the Prosecution to have had more than enough time to prepare a reply.

The Defence will file a Motion for Contempt if needed.

[Huntsman]

Your Honour, the Prosecution has rather been busy given the amount of cases currently in the proceeding and will post a formal response within 24 hours
((Sorry, life happened.))

[Huntsman]

Vice City Police Department
Office of High Command
Desk of Chief Gabriel Adams

Criminal Prosecution Case
2018.02.24
TO: The Court of Vice City
FROM: Office of Chief of Police Gabriel Adams, Vice City Police Department, Washington Beach

Response to the Defence

The prosecution are satisfied with the submission of the defence. Therefore the prosecution wishes to pursue for the defendant to be charged for the charges of posession that he has pleaded guilty of.

[Huntsman]

Due to current inactivity of the legal staff, and seeing how prosecution has changed affiliations since, I would like to request this case to be dropped and locked to lengthen the load to Pulse or whoever/if somoene takes over and since these cases lost their point due to court inactivity.

[Huntsman]

Seeing how nor the courts, nor the server management did not confirm the dropping of the case as of yet, after further evaluation, we've decided to continue this prosecution.

We are, however, willing to settle the case, if the defendant agrees to pay 250.000 ARD (half of the demands) compensation to the state for the damages caused, seeing how the legal proceedings are being hindered by the court's incapability of legal proceedings.

[Kessu]

Case is not dropped.

I, as current main legal representative of the FBI (as fucking silly as it may sound) will take over the case.

I ask the court to strike the quoted scribblings of the previous prosecutor out of record.

Seeing how nor the courts, nor the server management did not confirm the dropping of the case as of yet, after further evaluation, we've decided to continue this prosecution.

We are, however, willing to settle the case, if the defendant agrees to pay 250.000 ARD (half of the demands) compensation to the state for the damages caused, seeing how the legal proceedings are being hindered by the court's incapability of legal proceedings.

Due to current inactivity of the legal staff, and seeing how prosecution has changed affiliations since, I would like to request this case to be dropped and locked to lengthen the load to Pulse or whoever/if somoene takes over and since these cases lost their point due to court inactivity.

[Klaus]

Vice City Law Courts Argonath Federal Court

From: The Argonath Administrative Tribunal Committee Address: 143 Downtown State Street, Downtown Vice City, Florida Topic: "United States of Argonath v [EAF]Alarba" Proceeding Number: VC-CR0001/19

Medium Neutral Citation:	United States of Argonath v Alarba[No. 1] [2019] AFCR 14
Date of Decision:	7th July 2019
Jurisdiction:	Common Law
Before:	Treblin J
Catchwords:	CRIMINAL LAW - Administrative Tribunal Committee - trial verdict. CRIMINAL LAW - Defendant charged with possession of illegal weaponry.
Legislation Cited:	Crimes (Further Offences) Ordinance 2017
Cases Cited:	United States of Argonath v Spartain[No. 3] [2019] AFCR 14
Texts Cited:	None.
Parties:	United States of Argonath (Prosecution) Alarba (Defendant)
Representation:	Kim Purp Lee (P) Alarba (D)

JUDGEMENT

[1].        By criminal summons and information filed on the 13th of January 2018,¹ Mr Alarba (the 'Defendant') stands charged with five counts of possession of illegal weaponry under Section 5 the Crimes (Further Offences) Ordinance 2017. The defendant also stands charged for Illegal Arms Trafficking, under Section 9 of the  Crimes (Further Offences) Ordinance 2017.

[2].        The prosecution has adduced three exhibits to their case. In the first exhibit ('Exhibit 1') details the original warrant request, and  ('Exhibit 2') including the supporting evidence showing the presence of a very large amount of weapons, of which importantly included illegal items too which are prohibited by the Crimes (Further Offences) Ordinance 2017. The illegal items were: M60 machine gun, Bulldog shotgun, M2A1-7 Flamethrower, and a Desert Eagle. All which had high levels of ammunition. Also found were extremely high levels of C4 Explosive.

[3].        The third exhibit ('Exhibit 3') is a recording of an interrogation lead by Chief of Police Gabriel Adams. The Witness, Ms. Mary Kappen, accuses the defendant of illegally smuggling weapons, as well as harboring those weapons within several properties. Ms. Mary Kappen then explains she can provide evidence for one of the properties. It should also be noted that Ms. Mary Kappen establishes herself as an ex-associate of the defendant.

The Criminal Law

[4].        It is enough to say that the defendant has breached the law in being in possession of all confiscated items. The defendant entered into a plea of guilty for two charges, and a plea of not guilty for the remaining three.

[5].        I find it absolute necessary to record a conviction against the defendant for the the sheer quantity of illegal items he possessed.

Sentencing

[6].        I find it absolutely necessary to apply specific deterrence and denunciation for the sheer quantity of the weapons.

[7].        The monetary fine proposed: $400,000 ARD, will not be considered and instead formulated based on the illegal items confiscated, as was the case in United States of Argonath v Spartain[No. 3] [2019] AFCR 14. The term of imprisonment proposed of 10 years is increased to 15 years.

[8].        With respect to the private property, the Court does not find reason to issue any long-term warrant for Property #46 to the Vice City Police Department.

[9].         The prosecution wished to adduce the evidence in exhibit 3 to prove that the defendant was illegally trafficking weapons, without evidence of the action taking place. We find the witness's words were in fact hearsay and thus inadmissible. Therefore, there is no concrete evidence that connects the defendant to such crime.

[10].        As such the final sentence that I hand down for the defendant is for him to be fined $625,000 ARD, and for the defendant to serve a term of imprisonment of 15 years (15 minutes). I find no need to take into considerations good behavior or parole as these are systems not developed in this jurisdiction. Finally the defendant’s property will not be issued a second warrant.

I certify that the preceding ten (10) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Judge Sir Klaus.

Register

THE COURT ORDERS THAT:

[1].        That the defendant is to be convicted of the crimes for which he plead guilty to.

[2].        That the defendant be found guilty on three further counts of possession of illegal weaponry prohibited by the Crimes (Further Offences) Ordinance 2017.

[3].        That the defendant be found not guilty of Arms Trafficking and Smuggling of illegal contraband under by the Crimes (Further Offences) Ordinance 2017.

[4].        That the defendant is sentenced to an aggregate term of imprisonment of 15 years, (15 minutes) to commence at the earliest date possible when the defendant is taken into custody.

[5].        That the defendant be issued a monetary penalty of $625,000 ARD, to be stripped from the defendant's bank accounts and/or if the defendant cannot pay the sum, for the liquidation of any property, businesses, vehicles or other assets to cover such fine with the rest of the liquidation funds to go to the State.


ORDERED, on this 7th day of July, 2019.

Signed,

Klaus
Sir Klaus
AAT Committee member

_______________________
Footnotes




JUDGEMENT SUMMARY
Today, the Argonath Federal Court found the defendant guilty of possession of illegal weaponry, and gave him a monetary fine of $625,000 ARD. The Court increased the proposed term of imprisonment of 10 years to 15 years for the defendant based on the amount of illegal items confiscated. The defendant was found not guilty of Arms Trafficking and Smuggling.
 

• This statement is not intended to be a substitute for the reasons of the Court or to be used in any later consideration of the Court’s reasons.

~Distributed by authority of the Courts of Argonath~