Starfleet vs Ensign Mogg

[FredM 0]

JUDGE ADVOCATE GENERAL

 STARFLEET COMMAND

  CARDASSIA SECTOR

 

Case Number: 039203/A49324

 

    Starfleet vs Ensign Mogg (Serial No. BCB-30293823)

 

CONCLUSION:

While defense counsel for Ensign Mogg have presented evidence suggesting that a traumatic event in his past created a buildup of emotion that rendered him temporarily unable to control his own actions, this court finds it highly suspicious the said affair was not discovered earlier.  Further, this court would have suspected other avenues of defense would have been explored outside of mental instability.

 

It is clear there are conflicting views presented by this situation. While looking to enter Starfleet Academy, all persons undergo some of the most rigorous psychological testing in the quadrant. This process is repeated several months before graduation. Yet, these tests performed by some of the best psychologists within Starfleet, determined no errors in Mr. Mogg's character and he was classified as fit for duty. However, given testimony presented in this case, this was not accurate.

 

The lack of any clarity by any witness presented by defense counsel on this issue is deeply concerning. This court must then conclude one of the following. Either Ensign Mogg succeeded in purposefully hiding his mental condition without alerting any professional body to his past experiences or known medical practices are incapable of performing a proper diagnosis to determine of he is sane, or suffering from a form of temporary mental insanity. Given defense witnesses, the later is suspected. Yet, all possibilities must be taken into account during this hearing.

 

If Mr. Mogg purposefully hid information, it would denote a falsification of his official records when attempting to enter Starfleet Academy. Numerous questions are posed dealing with a person's view of his/her history. If such questions had been answered truthfully, red flags would have been raised. Either this was falsified or gross incompetence took part at the Academy, who for some reason failed to perform standard background analysis on the subject's biological parents. Regardless, had the information been located and the mental instability diagnosed, this court questions if Mr. Mogg would have been accepted into the Academy. If so, it is certain further psychological testing and analysis would have been performed before graduation certification was granted. This court hopes the above did not take place.

 

Regardless of circumstance, it is clear that the rigorous psychological trials that take place at the Academy were unable to detect even a glimmer of Mr. Mogg's condition. This resulted in his classification as sane and able to perform his duties in accordance with his oath. As defense as stated, this was in error.

 

As presented by the defense, this court is being asked to overlook Mr. Mogg's violations due to his mental instability. It is suggested he be allowed to remain on active duty with counseling sessions to attempt to defuse any future inappropriate activities which may result from his past. If this is to be the judgment, then this court must detail a method or line of progress to show when Mr. Mogg has "overcome" his family history. Yet, given defense witness admissions, some of the finest psychologists within Starfleet were not even able to determine there was a problem. So how can this court mandate the defendant's return to active duty without a method of informing future superior officers if he is mentally stable or in the midst of another breakdown?

 

While it can be agreed that Ensign Mogg's past experience with Cardassians is regrettable, his failure to react to numerous encounters with Cardassians since his assignment to Sky Harbor Aegis is also somewhat puzzling.  Furthermore, this court finds serious concern with the fact the defendant himself requested a posting to an environment where he must have known encounters with Cardassians would take place.

 

Regardless, as a Starfleet Officer, those who take their oath are obligated to abide by the rules and regulations of the fleet. Despite any past experience, once a person wears the uniform of an officer, they are required to fulfill their responsibilities and alert persons if they are incapable of doing so. The failure to obey a direct order is an incident that cannot be ignored under any circumstance. While numerous historical cases do show it is sometimes justified to disobey an order, this situation is not among them. Furthermore, via his violation of orders, Ensign Mogg knowingly or unknowingly caused a severe violation of the mutual defense pact of the Cardassian System created per the terms of the surrender by the Dominion to the United Federation of Planets and it's allies.

 

Therefore, as a result of the above opinion, and a lack of solid information to show how the defendant can be determined fit while on active duty, this summary courts-martial has determined the following:

 

By defendant's own admission, he is guilty of all charges and specifications listed within the indictment. The most serious of these charges include the direct violation of an order by a superior officer and actions leading to violation of the treaty terminating hostilities between the United Federation of Planets and the Dominion.

 

Special circumstance is given to his previous dealings with Cardassian government officials.

 

As a result, this summary courts-martial has determined the following punitive action:

 

Ensign Mogg, serial number BCB-30293823, is hereby removed from active service within Starfleet, Starfleet Corp. of Reserve and defense forces of any member of the United Federation of Planets. Removal conforms with standard seven of the uniform code, mandating immediate reduction in grade, loss of all pay for periods of incarceration and forfeiture of one quarter of all retirement benefits.

 

Midshipman Mogg is hereby ordered to serve a period of no less than six months and no more than three years under the supervision of the Department of Medical of Starfleet Command at a facility to be determined by that institution. In one hundred and eighty-two days, a review by the supervisor of the said department will determine if Mr. Mogg is capable of departing with reasonable chance of success in the future. At that time, saying this review is passed, it is hereby ordered a Starfleet Board of Review be convened to determine if the defendant is capable of returning to active service within the fleet.

 

The stated punitive actions are ordered to take effect within the next twenty-eight Terran hours.

 

 

Signed,

 

Frederic Meve