penny
Rear Admiral
Posts: 1228
Joined: Tue Apr 25, 2023 11:55 am
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penny wrote:I think the way the law works, one must reveal how one came by damning evidence. It must be ascertained that one didn't come into possession of said evidence illegally, and worse, by illegally committing a crime (i.e., murder, torture or both) that is worse than the evidence obtained. And to prove that one isn't in possession of key evidence because one was directly involved in the crime oneself, or that said evidence was not stolen, reproduced and planted. Or blackmail, or … “Oh, I’m always discreet, Milord.”
“Good.” North Hollow sipped wine moodily. “To be honest, I’d really prefer to engage your courtroom services and sue her for libel. Even if the case ultimately failed, the litigation would bar her from issuing any challenges before the Navy deploys her out of the system. But I can’t risk it.”
“Actually, and I provide this information free of any charge, Milord, suing her for libel would be a very, very bad idea.”
“Oh?” North Hollow lowered his glass.
“As you’re undoubtedly aware, my client list is extensive,” she said. “Among my many clients is the Roualeyn Corporation. They own a château in the Arduus Mountains on Gryphon. A little over a month ago, Denver Summervale was a guest there, and during his stay, a Royal Navy pinnace supporting a Marine training exercise suffered a navigation systems failure and landed not far from the château. There was . . . some unpleasantness when the embarked Marines visited the château, ostensibly to seek directions.” Her eyes met North Hollow’s very levelly across the table. “While they were there, the senior officer present—a Colonel Ramirez, I believe—had a personal conversation with Mister Summervale.”
The color drained from North Hollow’s face. “Speaking in a purely professional sense,” she continued, “and based solely on my second- or thirdhand understanding of events, I feel confident Colonel Ramirez violated quite a few of the Star Kingdom’s laws in the course of his interview with Mister Summervale. Unfortunately, for reasons I expect you can probably understand, the Roualeyn Corporation’s management—and, frankly, Mister Summervale himself—had their own reasons for avoiding any scrutiny of his actions. One must assume, however, that the Colonel obtained whatever he’d come for, given that Mister Summervale was still alive when the Marines returned to their pinnace and departed.”
“I see.”
North Hollow’s jaw clenched again, in fresh shame, as he heard the sick awareness in his own voice. So the bitch did have proof, or at least strongly suggestive evidence. Obviously, as Doisneau had just said, it had been illegally obtained, so she couldn’t provide it to the Crown without at the very least exposing her toadies to the legal consequences their actions richly deserved. But if he sued her for libel, all her defense team had to do was to play a recording of any confession Summervale might have made. As long as she declined to file legal charges against him—or Summervale’s estate, assuming he had one, declined to file charges against her—she couldn’t be legally compelled to reveal how she’d obtained it. And, as long as analysis proved it was actually Summervale’s voice, it would offer her all the legal defense against libel she would ever need, no matter how it had come into her hands.
“You may take my word for it, Milord, that the château’s owners and their other business associates are less than happy about this entire episode,” Doisneau continued. “By the same token, they have no desire to throw bad money after good by picking an open quarrel with someone who possesses the resources—and friends—Countess Harrington can command.
Playing the "coerced" confession, even under duress, still would have protected Honor from the charge of libel, but there would have been no protection for her friends.
tlb wrote:It is not clear that Honor can be forced to disclose how she got the recording, particularly if the burden of proof is on Pavel to show that it is untrue. From Field of Dishonor: Chapter 24 wrote:No prosecutor could use it against him, given the circumstances under which it had been obtained, but private citizens weren't bound by the same constraints as the legal establishment. If he or North Hollow brought charges for slander, they'd have to prove her allegations were untrue. Under those circumstances she could damned well use it in her defense, and where it came from or how it happened to be in her possession wouldn't matter. What would matter was that she had it, and those were only the legal consequences. It didn't even consider what would happen if his other employers realized he'd talked and—
tlb wrote:But even if Honor has to name the source to use the recording; how can it be proved to be coerced with Denver dead? Wouldn't that require self incrimination (any way that would be for another trial)? The only thing relevant to Pavel was that Denver was asked to be truthful.
tlb wrote:I am not sure that the military people would be in much trouble, even if charges were brought over the coercion. There were no complaints filed, everything was logged and questions were only being asked of someone (now dead) who had killed multiple military personnel and planned to kill at least one more for money.
Denver Summervale was beaten to a bloody pulp. And that was before Colonel Ramirez made the statement, paraphrasing "I said I wouldn't kill you Summervale, but I didn't say I wouldn't hurt you." So, whatever recording existed, I am sure if it is authentic, its sounds clearly shows Summervale under duress, stressed, bleeding at the mouth, scared shitless, and babbling like a cornered criminal, if the recording is undoctored. If it has been doctored then it is useless.
. . .
The artist formerly known as cthia.
Now I can talk in the third person.
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