powerfulXtian - Player Report: Faycal Pom, Bill Baker, Mark Stone, Rule 11: Marine Law, Mutinies

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powerfulXtian - Player Report: Faycal Pom, Bill Baker, Mark Stone, Rule 11: Marine Law, Mutinies

What’s your BYOND key?

powerfulXtian

Round ID:

25157

Your character name:

Christa Contreras

Accused BYOND key:

Unknown

Accused character name:

Faycal Pom, Bill Baker, Mark Stone

What rule(s) were broken?:

Rule 11: Marine Law, Mutinies

Description of the incident:

Hello. I was a survivor who was recovered from the AO during the round.

I was talking with the CL, when all survivors were called to CIC. I went there.

The XO then attempts to process me. Asking for my name and occupation. However, I declined to say this information, invoking my right to silence. The XO then calls the Warden to CIC, who also attempts to process me. I then invoke my right to silence again. Before being arrested for refusing to tell my name and occupation. I believe here, ML under Third-Party Personnel was violated by the Warden and XO, seeing that “Survivors may refuse to answer questions and use their right to remain silent. They may not be punished for this.”

As I was escorted to the brig, I do the whole RP thing of saying the charges are false and the Warden is a bad MP, etcetera. After some deliberation, the Warden decides to charge me with the Commanding Officer’s Discretionary Arrest, and what I presume is Major Insubordination. Ignoring the elephant in the room for a moment - the charge for Major Insubordination makes little sense considering that I, a civilian am not apart of the USCM. Therefore cannot be ordered - especially as it conflicts with my right to remain silent.

Now… The CO’s DA. The main reason why I’m making this report is - although I believe the MPs have acted in good faith… I find it a MAJOR concern that the Warden is charging people with this, when there is not even a CO awake. Especially the CMP, in deadchat said the acting commander can apply Discretionary Arrests, to of which other ghosts pointed that out. Leading me to believe the CMP knew this was happening.

Overall, I’m not mad or anything… But I cannot in good faith let this be ignored by staff.

Evidence:

N/A

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I was the warden ya that is my bad on that I read commanding officer on the ingame display and made the assumption ACO fell under it as well after the XO told me to detain you for not following orders.

Personally I very much agree with you after reading it on the forums that it is a miss charge and I apologize.

My problem I hit was there was no real good charge to use besides just sitting in the holding cell with you till we got the answers we wanted or you accepting returning to the planet.

Hence why I expressly stayed with you the entire time making sure you did write the appeal to the provost.

As for the CMP and XO they didnt know the exact charge I used till after you had finished writing the appeal.

1 Like
5

Heya. I want to come here and clarify something about this PR.

I had came fresh out of that round, and essentially - wrote the PR like my character in round was writing it to Provost office, ICly. This was… Not the best thing to do.

Please disregard the points I have made about right to remain silent. I’m still going to hold the remarks I made about the CO’s DA, partially because I believe all three of these parties had a part in charging this.

1 Like
6

Ya thats the precise charge Im accepting is the miss charge. Only I the warden was directly involved with that charge I had taken the XOs direction to deal with you as a carte blanche Hindsight is 20/20 I should have even under my incorrect reading double checked with both, But I was to engrossed in the moment to think. You were doing a pretty good job pressuring me!

The CMP had nothing to do with the entire event till I called both XO and CMP sans what happened in dead chat which I missed due to joining the ERT.

As for my reasoning for the charge I was simply looking for one to hold you on the ship that you could appeal, call a lawyer, call the company and we could move our RP past pleading silence not to keep you detained forever for no reason. I’m not justifying the charge in anyway it was absolutely wrong just airing my mindset in the moment.

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7

Hello powerfulXtian.

I will be partially accepting this report.

My investigation of this incident has revealed that what had occurred was, in simplest terms, that the Warden and CMP acted improperly in enforcing Marine Law in regards to your actions as a Survivor. The Executive Officer had also acted to issue a false arrest order of the survivor, however they were acting off of information provided to them by the CMP which had led them to believe they were acting within their boundaries and command privileges.

For Faycal Pom, the XO, no action will be taken against them. As while they did order a Discretionary Detainment, a nominally whitelisted CO provision, they are excused due to a combination that the XO is not held to the same standards to enforce Marine Law as per rule 11, and that they were misinformed by the CMP that they had the privilege of Discretionary Detainment.

For Bill Baker, the CMP, a rule 11 note will be issued due to their advising the XO to enact an illegal arrest and authorising an illegal arrest of a survivor.

For Mark Stone, the Warden, a rule 11 note will be issued for an illegal arrest of a survivor.

I will make public note that both the CMP and Warden did appear to recognise their error post-incident and prior to my investigation being conducted.

2 Likes