2004 Talossa v. Loquatsch (UC)

  

Din el Cort Pü Inalt
GOVERNMENT OF TALOSSA
Plaintiff
v.
MIC'HAGLH LOQUATSCH, TAMORÁN DAL NAVÂ, ANDREW LOWRY, GÖDAFRÏEU VALCADAC'H et al.
Defendant
Decided
5 June 2004/XXV
Brief of the ruling
{{{ruling}}}
Opinion of the Court delivered by
Justice Metáiriâ and Justice Velméir
joined by This case was recorded in El Bravác'ht.

Background

On the first of June 2004/XXV, eleven citizens of the Kingdom of Talossa seized Wittenberg and proclaimed the Republic of Talossa. The government of Talossa, at the time led by Quedéir Castiglhâ appointed Marc Moisan, who attempted to prosecute the exodees for treason under the Dual Citizenships Act.

Ruling

The opinion of the court was recorded in El Bravác'ht as follows:

Florencia (EB) - The Uppermost Cort ruled yesterday that the 10 exodees of June 1 cannot be tried for treason under Talossan law.

With Attorney General Ben Madison out of the country on holiday, Prime Minister Quedéir Castiglhâ appointed Marc Moisan as Special Counsel to determine the legal issues involved with the exodees seceding to set up their own state. After review, Mr. Moisan decided to charge the exodees with treason under the Dual Citizenships Act. Mr. Moisan confirmed with Secretary of State Martì Páir Furxhéir that the exodees had not in fact renounced their citizenship before issuing their proclamation of independence from the Kingdom.

"I'm assuming that Mr. Moisan used that Act because it was explicit, whereas while the Organic Law states the legal procedure involved, it doesn't specify any penalty," said PM Castiglhâ.

After reviewing Mr. Moisan's indictment, Justices Oplinger and Jahn made their statements. "I'm not comfortable with your premise here," said Justice Oplinger. "As far as I can tell, these individuals are not claiming dual citizenship, they have renounced their Talossan citizenship all together." Justice Oplinger further stated he saw no violation on the grounds that Mr. Moisan outlined, and declared the indictment inorganic. Justice Jahn further stated that since the individuals were no longer citizens, they were beyond the jurisdiction of the Cort.

"I thought we had a case, but the Cort thought otherwise," said PM Castiglhâ. "We of course respect their opinion, and we will move on."

With the hearing over, Mr. Moisan resigned as Special Counsel, saying his job was done. The PM had this to say: "I thank Marc for his hard work. He has quickly established himself as a Talossan legal expert, and is to be commended for it."