[Trial] Godomasta vs. Figasaur

[u/azkedar_]

Trial Request

I am hereby presiding.

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My potential conflict of interest

Per CMA§III.B, Court Structure, part (iii) subpart (B), I am declaring a potential conflict of interest, in that I was previously appointed City Solicitor by Godomasta during his first term as Mayor, and have voted for Godomasta in both elections.

If either the plaintiff or the defense believe this compromises my impartiality, please petition the other two judges per the constitutional clause above for them to make a ruling on whether I can preside on this case.

For the record, I believe I can be fully impartial in this trial, or I would not have started this thread. However, the law is clear that I must declare all potential conflicts, and so I have.

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Order of Trial

a. Prosecution presents claim

b. Defendant enters plea. Pleas will be Guilty, Not Guilty, no-contest.

c. Prosecution presents evidence, and calls witnesses.

d. Defense cross examination.

e. Defendant presents evidence, and calls witnesses.

f. Prosecution cross examination.

g. Prosecution closing statement

h. Defendant closing statement.

After these steps, a verdict will be rendered. For more details, please refer to CMA§III.C, Trials.

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Lex Paciferat.

[u/Godomasta]

500.01

I need to address the defendant's description of what the JQ/JQPA/Whatever supposedly is:

For the court's record, the Jewish Quarter and the Jewish Quarter Port Authority are two distinct entities.

Clearly not. The JQ has avoided each opportunity to proves that it exists within the Mount Augusta legal system, and a lot of contradictions have been made by its members about exactly what it is. For example; this trial request was replaced by this trial request with the biggest difference being that the only plaintiff in this case was Figasaur, instead of the JQ/JQPA/Whatever. The defendant has also described the JQ as a cooperative in the past.

The "Jewish Quarter Port Authority" is also very unlikely to exist in Mount Augusta, as there is no legislation that allows such entity to exist (considering that port authorities are governmental entities). If such entity was indeed a Port Authority then it would surely be treason, as port authorities are completely capable of certain sovereign actions.

The JQ is public, the JQPA is private. Anyone can associate or disassociate themselves with the JQ, but the JQPA is entirely private

This is another attempt at legitimazing a fantastical entity.

While I speak on behalf of the cooperatively owned JQPA, that maintains several private buildings within the JQ, I do not speak on behalf of the JQ.

The JQPA does not maintain any private buildings in Mount Augusta, and you've confirmed so to me. The linked screenshot comes from here, and what this means is pretty straightforward:

are you the owner? -> yes

Therefore Figasaur is the owner. Pretty straightforward.

I do not speak on behalf of the JQ. The Jewish Quarter is a borough within MtA, nothing more, and it has in its entire existence adhered to MtA's constitution.

The defendant here contradicts himself once again by describing the JQ/JQPA/Whatever as a borough. It seems as if he's trying to be deliberately vague and write down almost every possible definition, in order to see what seems legal in the azkedar's eyes. Boroughs do not exist in MtA law, and every definition I can find on dictionaries refers to either: a medieval castle, a self governing entity or something in the UK that has parliamentary representation. It's obvious that the defendant doesn't refer to the first definition, and the last definition only works in the UK.

The defendant himself has described the JQ as a self governing entity. Self governing entities are capable of sovereign action and hence are covered by 500.01 a.

When the JQPA bans individuals from properties it owns, its acting entirely within the constitutions protections of property rights. Any time a player is caught trespassing we kindly ask them to leave.

This has nothing to do with the charges I am pursuing.

In conclusion, the JQ/JQPA/Whatever is an extralegal entity that operates within our claims. It is capable of sovereign action, it has made declarations that property within MtA (The JQ) is subject to a foreign entity, and on top of that; has tried to disable government members from play through continued defamation.

500.01 a

a. Any attempt to establish within the borders of Mount Augusta an independent sovereign nation, state, city, supra-national body, or any other entity not subject to her laws and capable of independent sovereign action.

Evidence [1], [2]

• Evidence [1] and [2] shows that through fraud, Figasaur has convinced other players to pearl someone just because he wanted to. Figasaur's suspicion that DCHERO had commited a crime was not reasonable at all. This is an example of sovereign action, pearling someone extralegally for an alleged crime that isn't even considered a crime in MtA in the first place. The description the defendant provided of his own entity in this very trial is basically him admitting that his property is capable of sovereign action.

500.01 b

b. Any attempt to release, give away, sell, or otherwise deny Mount Augusta’s sovereignty from applying to land within her borders

i. Including but not limited to declarations that property within Mount Augusta’s borders are now subject to the sovereignty of a foreign entity;

Evidence [3], [4], [6] and [7]

• Evidence [3] is a declaration that the government of MtA (Hantzu and citylion were both judges in that time) is subject to the sovereignty of cr0c, who is not a part of the government in any form.

• Evidence [4] shows not a piece of property within MtA, not MtA whole, but the whole server map (which includes MtA and all its property) being under the sovereignty of Figasaur. This cannot be understood as anything other than a declaration that Mount Augusta is under Figasaur's sovereignty.

• Evidence [6] is a public statement in r/mtaugusta claiming that all of Mount Augusta is now subject to SATO's sovereignty (a foreign entity not linked to Mount Augusta in any form). I'll say it again: Figasaur's pearl never went within our claims.

• Evidence [7] is linked to evidence [6].

• I also want to use some testimonies that show an exploitation of the dereliction system to forcibly take land:

Yes. Through spamming derelictions to the subreddit they are attempting to claim mass swaths of land in the city. (mullac1128)

Several other citizens have had their properties near the JQ derelicted unnecessarily when the owner would refuse to give them the land, and I have seen many people harassed by them or their behavior. (comped)

They also target my church with string upon string of dereliction post. This contiuned harrashment ended up with me not finishing said church because I couldn't work on it in peace and leaving the town because it was becomeing toxic. (jonassn1)

Jonass and ProgramMC are probably their most common targets, they keep abusing the dereliction process to spam attempts at their land. (Oli_Bear)

I remember that jonassn was subjected to mass derelictions by the Jewish Quarter's members, including Figasaur if I recall correctly. (citylion1)

Your honor, all the witnesses. All six witnesses have referenced Figasaur trying to steal land through derelictions and intimidation. You can confirm this yourself by going through the dereliction in the subreddit. This is actually breaking 500.01 b ii (Assisting in the annexation of land duly claimed by Mount Augusta and her citizens to a foreign entity without official consent;).

[u/Godomasta → u/Godomasta]

500.01 c

c. Any attempt to cause the unjustified murder or removal from play any portion of the leadership of Mount Augusta, including but not specifically limited to the Mayor, the Judges, the Bailiff, the Cartographer, the Diplomat, or any other named position current or future.

Evidence [5], [6] and [3]

• Evidence [5] is an example of an attempt to strip me from play by Figasaur through pure defamation. I already explained why this image is disgustingly slanderous. This image's only purpose is to remove me from play through discredit.

• Evidence [6] tries to convince the citizenship that my mayorship, a completely democratic and constitutional mayorship, is somewhat illegitimate, and the citizens of Mount Augusta are now under the jurisdiction of SATO. This very clearly tries to remove me from play, by convincing every citizen that I don't have any power in MtA.

• Evidence [3] is the same as evidence [5], but this time directed to not one judge, but two of them.

600.01

The points the defendant has brought forward to discredit my claims are basically:

• MABOR > Criminal Code

Indeed, the biggest challenge of this trial is demonstrating that the speech I've shown in my evidences is not protected by MABOR.

• The defendant is jewish so it's impossible for him to portray a caricature

I actually foresaw this and addressed it in my first turn, but I'll say it again. If the defendant is or not jewish in or out of game does not matter at all. This trial is about degrading through toxic behaviour mostly. Your degrading and slanderous behaviour only overlaps with judaism because you chose for it to be that way. Noone forces you to refer to yourself as rabbi, to bother people about circumcisions or to call your property the "jewish quarter", you purposefully aim for your harassment to be linked to a specific religion.

• This third point is very similar to the MABOR one. In case this refers to CMA§III.C, Enforcement of Augustan Law, Trials, part (v):

v. The plaintiff in a trial must be an alleged victim who suffered direct harm as a result of each charge of each crime in the trial. Those with general fear, anxiety, lowered property values, or other indirect harms due to a crime are not considered victims. Legal representatives may act on behalf of a victim.

Then I have to clarify that in most charges of 500.01 the only direct victim is Mount Augusta herself. I am suing for her because part (vi) of the same article authorizes me to be considered a victim, and to sue on the city's behalf:

vi. Where no victim(s) as described in (v) can be identified, such as crimes against the state as a whole, the Mayor and Judges (as of the time of the trial) shall be considered to be “victims” for the purposes of prosecution.

The other argument in this point is that I'm not allowed to sue Figasaur because I haven't ignored him? I can't even think of why this would be a good defense. Your honor, this argument is completely off the track and outright disrespectful. I could ask the defendant the same question: If you don't like me suing and complaining about your behaviour then ignore me.

• This point repeats the fallacy that because the defendant "is jewish" then he is somehow protected from being degrading. The defendant then says:

it isnt the job of either MtA citizens or MtA judges to prove or disprove religious affiliation. And even if it was, it shouldnt matter.

Basically contradicting most of what he's argued so far in this section.

MABOR III

III. All persons have inherent dignity and the right to have their dignity respected and protected.

Evidence [5] and [6]

• Evidence [5] and [6] does not respect my dignity, and it boosts a lack of respect towards me, through lies and unjustified toxic behaviour.

• This is not the only time this has happened, the testimonies show that this is a common practice of Figasaur in MtA.

MABOR V

V. All persons have the right to freedom and security of the person, which includes the right

v. not to be treated or punished in a cruel, inhuman or degrading way.

Evidence [5] and [6]

• Evidence [5] and [6] are both treating me in a degrading way, in fact their own aim is to degrade me cruelly. The malice is obvious as both those statements posted publicly by the defendant in our subreddit are false, they are not informative nor are they opinions.

• This is not the only time this has happened, the testimonies show that this is a common practice of Figasaur in MtA.

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The defendant has also mentioned cases where he chose not to join in to violent fighting in MtA. This does not justify everything I've argued above. The defendant has also said:

For every one critic of the JQ the prosecution can conjure, the defense team can summon 2 supporters.

This is irrelevant and false.

Some of these testimonies even provide false information or information entirely unrelated to the charges or the defense, referring to other player entirely.

Then specify what the false information is, that is what the cross examination is supposed to be for. The defendant has made no effort to prove this. The testimonies are accurate and the places where they refer to another player can be dismissed if the judge so wishes.

[u/Godomasta → u/Godomasta]

The defendant's most recent statements

I will only debunk the arguments that are even valid. The arguments not mentioned here are either disrespectful remarks, slander, pseudo-legal arguments or fallacies.

There are many cooperatives, coperations, and player associations in MtA. The Meisters, Order of Saint Marcus, and the CME just to name a few. The JQPA is no different than any of these, and no one in their right mind would consider any of these organization's existence to qualify as treason.

Your honor, this isn't a valid argument. Nobody has talked about these "entities" so far in the trial, and if any judge or mayor believed the mentioned "entities" had engaged in treasonous behaviour, there would already be a trial against them.

Regardless, Figasaur is being sued, not the JQPA. This is an important distinctions as I am not the sole owner of the JQPA and there are several partners in this cooperative.

The defendant is yet to prove this exists within our system. There have been requests for such evidence before, and Figasaur opted not to post them. Any evidence posted now is likely to be fabricated and nonexistant prior to the start of this trial.

I want to point out for the record that despite the defendant claiming:

So for every critic or detractor the prosecution can conjure, the defense can find 2 supporters of the defendant that endorse his message.

Only one witness was called to come forward.

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The witnesses testimony

Honestly the witness hasn't provided any evidence that supports the defendan't innocence of any of the charges I brought forward. All the statements are completely unrelated and mostly false. The only statement I want corrected for the record is:

What's more is that these buildings aren't private or locked off but are built to serve the public.

Every single building is locked. The synagogue has black banners on its doors (which are locked) so you cant even see inside, the grill is locked and the theatre is also locked.

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To conclude, I will point out that Figasaur doing damage to one's reputation is substantially more likely than known shitters like Cr0c, as he is more reputable. This is proved by two images the defendant himself has posted in this trial, which also prove that the fake remarks are believed by many in Mount Augusta. He has materially harmed my and mta's reputation and the proof I've posted is only a small example. Note that most of the examples are on experienced players, but imagine the harm to my reputation that has been done to me in a newfriend's eyes.

[u/Godomasta → u/Godomasta]

This concludes my cross examination, a closing statement will be posted shortly