Sunday, November 30, 2008

Consequences

"Ensign Yim Westbridge, please favor the court with your telling of the loss of 500 persons and Unit 31 during your command aboard the CFS Hermes," the magistrate inquires of him. Yim is seated in a Yew bench with two open, presumed missing side doors before a gigantic sweeping Oak desk that curves from behind him on the left to behind him on the right, some ten meters away from his seat in all directions. At over two meters high, even his elevated position a half meter off the floor feels small and intimidated.

Yim faithfully repeats every detail, thanks not only to his extraordinary memory but also to the data banks within him that print out the details upon his corneas. Today he has little need of the information streaming just inside his vision, as his thoughts are quite painfully clear. He learned only upon landing that a retired Senator was within Unit 31. TO7 has just lost a protected citizen, a member of their own elite, and a voice in the ruling party. Exculpation had been expected when he did the deed. That had risen to Inquiry, then Indictment. He faces banishment sans life support.

Upon his completion of the events at docking, he was suspended with pay pending investigation, and forbidden to depart the planet. He was grounded. The ship left without him under another Captain a week later when it became an Inquiry. Now he's been Indicted and tried by a panel of Aristocratic self-appointed judges. He expects the worst. He waits as witnesses are brought before him.

"Marethil Jamestick, come forward and speak," a judge ordered. A small girl, perhaps in her teens, of petite and narrow stature walked to step upon the red tiles. She was reminded of her duties in a quiet voice by the Prosecutor, and nodded acceptance. Under TO7 law her consent is irrelevant.

"My grandfather Ovid Jamestick commanded government and men, and was as feared as he was loved, even by us, his family. We never dared argue, and rarely questioned him, regardless of whatever he did. I did not like him overmuch, but found that he doted upon me quite extensively. Frankly I found his attentions to be annoying and self-gratifying to him, while I cared not for him at all. He was rarely kind to anyone save me, and I was raised to judge a person by how they treat their enemies, their family, and their friends. He was a fearsome and dictatorial egoist that I all but despised. Still, he loved me and had sworn to me a large section of land north of Midland City, the Verdant Quadrant. Today it is much less green, far less, than almost any other place, but it was signed to me at ten years of age. His death by this tragedy was not covered by our policies, nor our insurances, because of the direct act of Manslaughter of the accused. We all have been denied the benefits awaiting upon his passage, and things have not been inherited as he intended," she states quite plainly, with monotony, a rehearsed speech.

"Do you claim to have been harmed by his passing?" The judge knew the game, and suddenly, so did Yim.

"I have not been gifted the properties, and the custodial attorney has already signed long term destructive leases which I shall not be able to overturn even if I succeed in obtaining the lands. It will no longer be possible for me or my siblings to live upon it as Grandfather had desired, and I desire. I do claim that this act directly damages me," she concludes.

"The PosPop Development Holding corporation expresses sincere regret at the immediate and fiscally required utilization of the properties which the firm has been charged with maintaining. There were substantial losses to the Jovestick inheritances and contracts due to the nature of his death, specifically that the willful destruction of his life came while in space and is not covered under TO7 standard law, but by expatriat law, which allows that a person takes their own risks," an attorney reads from a printed statement.

"They refused to pay out the benefits because to refuse to pay them created this very conundrum, allowing them to seize control of a lawful duty and fail to discharge it appropriately, that is the reason for our naming both banks and the pilot in this claim," the girl expands.

"I do see that PosPop was in control of these instruments, and I will have questions that I hold for now. PosPop is likewise forbid from departing TO7," She states, clapping her gavel upon the desktop. The blue-robed senior woman heads the body of judges and sits direcly ahead of Yim. She is gazing at him intently.

"I require that the pilot and Blue Star recompense me for any actual damages incurred due to the wrongful death of my grandfather, and furthermore for the direct loss of property as a result," she ends.

"Blue Star is not yet available for reply, but has posted a bond. We shall be needfully adjourning until next year when their council can arrive," another judge speaks.

"I disagree," Yim states, standing now. "I am an officer in the Blue Star corporation and I have not been relieved of duty. I am legally able to reply," he informs them. The girls attorney is visibly delighted at this turn of events, while the judges clearly are not.

"Very well, I must accept that you are able to reply, and the matter is of some urgency," the elder judge sighs consent, "Proceed."

"First question, prosecution of criminal acts," another judge declares.

"Yim, you do admit readily to discharging the container Unit 31 with full understanding that they would all immediately perish?" He asks, a standard question that he already knows the reply to. His finger holds the next page ready.

"Of course, I have stated it quite plainly. As Captain of a vessel in distress I alone have entire judgment in displacing cargo or persons in the securement of the survival of the vessel. It is in the contract," he adds.

"So it did not matter how the ship is rescued or later no longer in danger, at any point, you have the authority to send people to their deaths if it is viewed that doing so will protect your ship?" Again, he is waiting for an expected response.

"Wrong," Yim says, smiling.

"Explain please," the now irritated Prosecutor orders him.

"I may not endanger the ship, its passengers, nor its cargo without a Red Alert condition being present. This condition may only be triggered by the automated systems aboard the ship, and by the Artificial Intelligence which is programmed for self-preservation," Yim informs them. Judging by the reactions, the judges and Prosecutor were not entirely aware of this clause of his contracts. Yim is normally forbidden from discussing contract terms except under oath.

"And a Red Alert had so been triggered?" The Prosecutor was less hopeful now, and moved his finger down a row in the papers.

"Affirmative," Yim replied.

"Thus, you have without all doubt, exclusive rights and ability to make such decisions, and all the decisions and actions aboard the CFS Hermes were of your own free volition?" The Prosecutor inquires, smiling. It's like being caught by a cat, they must gloat, it can't be avoided.

"This is absolutely true, and I agree," Yim adds. The Prosecutor pauses at the unexpected admission, but continues.

"I move that the Captain of the Hermes did act recklessly and admits it freely, and furthermore claims full responsibility for these acts," he states, carrying his papers back to his bar.

"It is so admitted into the record," a judge states.

"Don't you even want an attorney?" The girl asks him from two bars away, the little desks that the attorneys are given to stand behind while waiting. She is hushed by hers.

"I have no need of an attorney for this fair and serene court, and I see no reason to fear any claim against me in this or any case brought before it, for I have only one counter argument." Yim states it clearly.

"You may not move to deny the events after admitting them," the head justice warns him.

"Contrary to that, I admit and claim full responsibility. It was my actions that ended their lives, and I did so willingly, in order to save some twenty thousand other lives, as is my rights as Captain. I am aware of the myriad complex concerns arising of this action. However, this court has one obstacle it must overcome before it may render any sentence or judgment. Jurisdiction," Yim states.

"Though your ship was well outside our space, as your destination we have apparent eminence under treaties," he is reminded.

"The treaty you claim only applies to acts of treason, piracy, and other high crimes. The manslaughter, even of thousands, is not such a claim. The court has not denied that the necessity of survival precipitated the loss of five hundred other lives, nor has the court claimed that the contracts to which I am bound are unlawful," Yim states. He retakes his seat, while the judges mumble.

"You can't be serious," the girl complains, facing him.

"I am completely serious, and fully within my rights to make the following claim: I claim the first charter." Yim remains seated while speaking, a sign of disrespect. The first charter is the central point of the largest and first interplanetary treaty ever drawn up, and one that still holds force on many worlds which signed on to it hundreds, even thousands of years later. Space is inherently dangerous, and it can not be held as true that a Captain does not have absolute rule of law over his ship while in the space between systems. No local laws can punish nor reprimand any Captain unless 'him or her' breaches a treaty.

"As the Prosecution of the Captain is moot upon the claim of first charter, we dismiss the indictment," the Prosecutor chokes out, and retreats from the chamber, defeated.

"No, no... it can't be like this," the girl cries, now showing her first sign of emotion.

"Without an indictment that is prosecutable in our court, the families have no recourse against the Pilot, and must seek compensation from insurances or the company, Blue Star. Will you remain to represent Blue Star, sir?" the chief justice asks, holding her gavel ready.

"Affirmative," he rises, this time to reply.

"We protest the decision, and the action, honors," the girl's attorney complains. The gavel raps, dismissing him.

"Allow the girl to remain, I may wish to call her," Yim orders. The judges stare at him, but then nod to her. Her attorney remains as well.

"Failing criminal jurisdiction, it falls to remedies and insurances to work out the cost, and the debt. In civil cases, less proof is requierd, but proof nonetheless. Proceed, sir," the chief states. One can say many things about the courts on TO7, but they are quick.

"I reject any and all claims against Blue Star categorically. All cargo and persons were duly insured as per starport policies at Ganymede. No ticket is sold in that starport without attached insurances. The unit 31 also had the additional protection of the retirement union. The failures of the insurers should be addressed immediately," Yim states.

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