Legal Advice

[Joy 0]

Commander Kwai

 

Four of my six Asimov Priorities reference human and Starfleet law and regulation. These Priorities have been fed at high gain through my emotion chip. The result has been an obsession with law which makes me too much of a space lawyer for many individual's comfort. I have crossed Admiral Blurox a few times in this regards in the past. I have been attempting to remain a good little android, and not leap into the current legal fray.

 

However...

 

First, Kawalas has already been judged and punished for the Cardassian duck incident. To judge and punish her twice for the same crime would be double jeopardy. Thus, this court has no jurisdiction for that crime. You should move immediately to dismiss the duplicate charges, and to strike all references to that incident from the proceeding records.

 

Second, there is no evidence that Kawalas stole the orb, save as a mother might remove an inappropriate toy from her child's possession. There is no witness to gainsay the mother and child account. Unless Starfleet should produce evidence or witness to an alleged crime, move that there is absolutely no probable cause, and any charges related to the alleged theft be immediately dropped. However little is known about how the Orb came to be in Shawnna's possession, to make a charge of theft one must have evidence or witness to establish probable cause that a theft has occurred. Starfleet has not met this basic legal requirement.

 

Theft of the shuttle is an inappropriate charge. To my recollection, all proper forms and procedures were followed. Perhaps the third watch engineering head should not have made the authorization, but he did make the authorization. Filing a false flight plan would be an appropriate charge. Failure to follow proper communications protocols which would have required her to respond to the recall order would also be an appropriate charge.

 

Be careful how you play this. You might plea to lesser charges. Alternatively, you might take to trial the inappropriate charges of which she is not guilty. Be sure you have a copy of the document that authorized use of the shuttle. If they go with the 'theft' charge, they should lose in an honest court, or on appeals.

 

It is alleged that Kawalis is responsible for the loss of three light craft and their crew. It is demonstrably true that it was possible to closely approach the Cardassian - Dominion base in a light craft in a safe covert manner. I led the first team down. I brought my shuttle out of orbit below the horizon from the base sensors, approached behind a ridge, and landed out of range of base sensors. Those commanding the later assault had all the information required to make a safe covert approach, plus additional information my team relayed back. For whatever reason, someone chose to make an irresponsible direct head on assault.

 

It is quite possible that someone ought to be court marshaled for ordering that assault. Someone should answer for the loss of those lives. Kawalas, however, is not the correct person to be held accountable for the loss of those ships and personnel. Move that all references to said incident be stricken from the record, and that a full and open investigation of that assault be held.

 

As three sets of false charges have been used to slander your client, and as the panel is clearly biased by the long history of DS9, I would also move to shift jurisdiction to a location where a panel can be called which has not been exposed to either the slander or the history.

 

LtJg Joy Twelve

[STSF_KBear 0]

Thank you Joy. Another one for my side of the story.

 

Kania