Incoming Transmission from Canberra Star City
Tau-44, Natio Octavarium
18. FEBRUARY 827 A.S.
To:Liberty Police, Inc. Priority:Normal Topic:Appeal of Summary Judgement
Message Contents:
Good day,
My name is Lawrence Smith III and I am a Barrister in the employ of the Octavarium Mercantile Guild. Among the benefits enjoyed by members of the Guild is legal representation in the event they run afoul of the law during their travels. I come to you today on behalf of Captain Hideo Kotomichi of the passenger transport Frozen Princess.
Two days ago, on 16 February, Captain Kotomichi was accosted while transiting Liberty space and was fined seven (7) million Sirius Standard Credits for failure to stop and possession of restricted technology. The incident, as recorded on the Frozen Princess' communications log is appended here for reference:
[16.02.2020 00:01:58] LPI-Holiday[C]: Last chance
[16.02.2020 00:02:00] LPI-Holiday[C]: cut your engines
[16.02.2020 00:02:13] NO-Frozen.Princess: Can I help you with something?
[16.02.2020 00:02:34] LPI-Holiday[C]: You must not be very bright
[16.02.2020 00:02:44] LPI-Holiday[C]: running from law enforcement is not a smart move.
[16.02.2020 00:02:52] LPI-Holiday[C]: I ordered you to stop three times.
[16.02.2020 00:03:05] NO-Frozen.Princess: I'm just running my normal route. Not sure about this 'running away' stuff.
[16.02.2020 00:03:22] LPI-Holiday[C]: You dont hear the sirens and see the lights and my voice telling you to stop?
[16.02.2020 00:03:38] NO-Frozen.Princess: I'm afraid not. Were you using a non-standard frequency?
[16.02.2020 00:03:46] NO-Frozen.Princess: Liberty's a bit wierd like that sometimes.
[16.02.2020 00:03:47] LPI-Holiday[C]: Well maybe you will hear this.
[16.02.2020 00:03:59] 2020-02-16 00:04:00 SMT NO-Frozen.Princess's docking rights have been restored.
[16.02.2020 00:04:06] LPI-Holiday[C]: Your being fined for failing to stop when ordered by an officer of the law. and for the use of pirate technology.
[16.02.2020 00:04:17] NO-Frozen.Princess: Pirate technology?
[16.02.2020 00:04:26] NO-Frozen.Princess: I'm no pirate. Never have been.
[16.02.2020 00:04:27] LPI-Holiday[C]: Your weapons.
[16.02.2020 00:04:33] LPI-Holiday[C]: they are pirate born.
[16.02.2020 00:04:43] LPI-Holiday[C]: they are illegal in house liberty.
[16.02.2020 00:04:44] NO-Frozen.Princess: Ahh, those. It's amazing what you can pick up in some of the more distant ports.
[16.02.2020 00:05:00] LPI-Holiday[C]: Well its not my concern where you got them. you have them.
[16.02.2020 00:05:07] LPI-Holiday[C]: the fine is 7 million credits.
[16.02.2020 00:05:21] NO-Frozen.Princess: Seven million? That's extortion, I tell you!
[16.02.2020 00:05:40] /gct 7000000
[16.02.2020 00:05:40] [2020-02-16] 00:05:41 You have sent 7.000.000 credits to LPI-Holiday[C].
[16.02.2020 00:05:44] LPI-Holiday[C]: its the law and I the max I am allowed to issue is ten million. so consider yourself lucky.
[16.02.2020 00:05:54] LPI-Holiday[C]: Next time try to be more observant.
[16.02.2020 00:05:56] NO-Frozen.Princess: Yeah, I'm feeling really lucky here.
[16.02.2020 00:05:58] LPI-Holiday[C]: Now move along.
As soon as the Frozen Princess made port at Freeport 2, the Captain ordered a complete check of all communication systems and a previously unnoticed intermittent fault in the transceiver assembly was located. This fault caused the communications array to fail to send or receive signals at random times. As such, Captain Kotomichi is willing to concede the charge of failing to stop as ordered.
However, on the second charge, we can find no basis for declaring the equipment in question to be in violation of the Laws of Liberty. According to §3, Chapter 1 of the Libertonian Legal Code, Pirate technology is indeed classed as restricted, but the law specifically references Z-line technology, not all technology everywhere known to be used by pirates. As the Y4-RR "Bleeder" Transport Turret is not Z-line technology, nor does it fit within any other restricted category, I can only conclude that issuing a fine for possession of this technology was improper.
We are requesting that, as no crime was committed aside from the accidental evasion due to a faulty transmitter, you refund Captain Kotomichi's credits within 72 hours. Should you fail to do so, we will be forced to file suit against your company in Libertonian courts, where you will doubtlessly be ordered to repay the fine along with all legal expenses incurred. We also ask that Chief Holliday be reprimanded for her improper understanding of Libertonian law and request that she receive remedial training in this area to prevent a future reoccurance.
Lawrence Smith III, Barrister
Octavarium Mercantile Guild
I represent the office of the Chief of Police Jean Holiday. My name is Nate Holiday and no we are not related.
After careful review of everything you have provided us and looking through the Chiefs video recording and taking a look at the scanning logs I have come to the conclusion that Chief of Police Jean Holiday is in the clear. As you yourself stated the ship refused to stop and the Chief was in the right to fine your vessel for it. It is up to the ship owner to ensure all components are functioning prior to departing. The Liberty Police, Inc. will keep its judgment on that matter.
As for the turrets I have reviewed the law and the ships weaponry and also found the Chief to be In the clear. The law clearly states Pirate technology and includes Z-Line in parentheses to ensure that line of pirate technology is also prohibited.
If you feel my investigation was not to your satisfaction please your are more then welcome to take it to the courts where the government can decided. Regardless the law is up for interpretation by the officer making the stop. The law does not state specifically Z-Line technology is only prohibited.
Incoming Transmission from Canberra Star City
Tau-44, Natio Octavarium
19. FEBRUARY 827 A.S.
To:Liberty Police, Inc. Priority:Normal Topic:Appeal of Summary Judgement
Message Contents:
Good day,
Your prompt reply to my comm is much appreciated. It is unsurprising that you decided that Chief Holiday bears no responsibility in this matter. You are, of course, required to defend your employer to the best of your ability. Unfortunately, the fact that you would resort to such specious arguments in your efforts to do so suggests either a deficit of legal competence on your part, or a gross underestimation of my own abilities. Since your company is wealthy enough pay a sufficient salary to attract good talent, I will charitably assume it's the latter.
I should give you a brief overview of my history and qualification in order to disabuse you of any notion you had of me being some backwater Freeport lawyer with a degree from a dubious neural-net law school. I studied law at Cambridge University, with a focus on interhouse business law, where I graduated near the top of my class. I was called to the bar at 23 years old, and I am qualified to practice law in Bretonia, Liberty, and the Crayter Republic. Over the course of a 38 year career, I have been employed by Interspace and BMM, and have worked in private practice handling cases for wealthy merchants and prominent members of the Bretonian nobility. I have chosen, at the request of an old friend, to provide my services to the Octavarium Mercantile Guild to prevent otherwise vulnerable traders from being victimised by unscrupulous corporations that would think our people to be easy marks. So, if you had any idea that I could be intimidated by a fine suit and some impressive sounding twaddle, you can put that idea to rest.
Now, back to the business at hand. The parentheses contained in §3, Chapter 1 are clearly intended as a clarification of what "Pirate" refers to in this context, rather than an addendum. Given that the rest of the list calls out specific organisations, such a clarification is obviously required for what would otherwise be an overly nonspecific term. Without such a clarification, the fact that pirate organisations such as Battlegroup Harmony and the Hellfire Legion have been known to use Guardian-class fighters and Magma Hammer type weapons would be a touch embarrassing, would it not? That entry is the only one to receive such a clarification, and no such addendum is included that cites the Y4-RR as restricted equipment. Therefore, we can only conclude that possession of such hardware does not constitute a crime under the law as currently written.
You go on to explain that interpretation of the law is at the discretion of the officer on the scene. Normally, I would not presume to explain the separation of powers in a republican system of government to an attorney certified to practice under such a government, but I believe that such an explanation is required in this case. In a system of government such as the one in the Republic of Liberty you have three co-equal branches of government. The legislature is responsible for making the laws. The executive branch is responsible for enforcing them and carrying them out. Finally, the judicial branch is responsible for interpreting those laws. Liberty Police, Inc. is under contract by the Republic of Liberty to enforce the law on behalf of the executive branch of government in lieu of a proper police force. Your company is not an arm of the judiciary and it is not the place of your employees to decide what the law means, only to enforce it as written.
I will be departing Canberra within the hour. Unless the required refund is issued by the time I arrive on Manhattan, I will be filing suit with the appropriate court authorities, who I am certain will rule in our favour. I will see you in court.
Lawrence Smith III, Barrister
Octavarium Mercantile Guild
Please understand that the shortlist of laws available to space-faring pilots are not all inclusive and might not always be up-to-date with the latest trends and technological advances. Our intention and law meaning should be clear enough as we do not permit technology originating from or designed for pirates. Whether it interpreted one way or the other by you is irrelevant as LPI were correctly upholding the true intent and meaning behind the laws. As your concerns has been raised, we will be slightly correct that particular part of the law to shine light upon any shadow of the doubt that you might come upon.
Incoming Transmission from Planet Manhattan
New York, Republic of Liberty
21. FEBRUARY 827 A.S.
To:Secretary Livingstone, Department of the Interior Priority:Normal Topic:Appeal of Summary Judgement
Message Contents:
Secretary Livingstone,
I'm honoured that a member of the President's Cabinet would take the time to weigh in on a relatively minor legal dispute. I must, however, confess to some surprise that this message came from the Secretary of the Interior rather than the Attorney General or a member of the Department of Justice. Still, despite coming from an unrelated Department, I will assume that your statement is an outline of the State's intended defence. Knowing the state's stance on the issue will help me prepare my case.
I find it quite disturbing that you do not make the entirety of your laws available to the public, and what is available is unacceptably vague in places. It makes it easy for people like Captain Kotomichi to run afoul of the law without being aware of what they've done until they've been assessed a fine. It is good that you will be clarifying the law, however penalties for laws cannot be applied retroactively. Ex post facto laws, as you are no doubt aware, are not permitted under the Constitution of the Republic of Liberty. As the law was unclear at the time Captain Kotomichi was fined, he cannot be held liable under the new, altered law. We will still be filing suit to seek a refund of the unlawful fine and payment of all legal fees incurred in this case.
As to matters of interpretation, I will repeat what I told Liberty Police, Inc's attorney. It is not the place of the executive branch of government, which you represent, or agents acting on their behalf to interpret the law. You may only execute and enforce the laws as they are written. Interpreting the laws is solely the responsibility of the judiciary. Now that everyone has said their part in this, it will be up to the courts to decide which of us is in the right.
Lawrence Smith III, Barrister
Octavarium Mercantile Guild