Conflict of Orders

In the case of The People of Rome versus Marcus Decius Bellicus:

Judge presiding: Quintus Minucius Rufus, former consul from the year 197 B.C.

Randomly selected jury of Bellicus's peers:
Marcus Silvius Pastor
Gaius Claudius Nero
Hostus Lucretius Tricipitinus.

The jury shall assemble towards the end of the year once magistrate terms are up.

OOC:
As we have not had a court case before, nor are there any formal rules, I shall outline how this court case shall go. Towards the end of this turn upon my announcement, the jury shall be formally assembled in Rome. Then, the accuser shall present his case in full, along with any evidence or witnesses he wishes to call. Then, the accused shall present his rebuttal in full, along with any evidence or witnesses he wishes to call. There will be no counter-arguments, and the court will not allow either party to bicker over each others presentations. As the tangible evidence can be hard to properly convey, the admin team has and can assign certain levels of credibility to presented evidence and to used witnesses, which the jury will then observe.

At the end of the trial, the jury shall deliberate and then vote for guilty or not guilty. If the accused is found guilty, the jury will also set a level of punishment. If the jury fails to agree to a level of punishment, the NPC judge shall do it. The NPC judge will mostly exist to maintain decorum, and to make sure that he trial takes place in a speedy and sane way.

Marcus Silvius Pastor
Gaius Claudius Nero Liguricus
Hostus Lucretius Tricipitinus

Please state your readiness to be jury in this important trial.

I am here and present.

Senator M. Silvius Pastor stood calmly, deferentially nodding whilst maintaining eye contact with Senator Q. Minucius Rufus.

At the presiding Judge's pleasure, I am ready to begin the proceedings.

I, Quintus Minucius Rufus, hereby declare the trial open. To begin with, we shall hear the prosecution, represented by Gaius Quinctilius Varus, present his case against Marcus Decius Bellicus. Gaius Quinctilius Varus shall have the opportunity to invite any Roman to witness, and present evidence. Once he has done so, Marcus Decius Bellicus will have the opportunity to offer rebuttal and invite any Roman to witness. Let me remind both parties that I will suffer no bickering, nor interrupting, nor grandstanding. Towards the end of this, the jury will decide among themselves what the verdict shall be, and based upon that verdict the punishment. I shall simply steer proceedings.

Now, Varus, please present your case and why we have all gathered here.

Gaius Quinctilius Varus moved to the center of the floor, his skin tanned from a year spent in the field, his beard of mourning still upon him, his face exuded a calm demeanor and he spoke in a neutral tone in a high, emanating volume to those present.

Honorable Romans, Citizens, Countrymen!

We are assembled here for the sake of Law and Order!

We are gathered to verify what is already known to me, and will be shown plainly to all of you in the course of this trial. That Marcus Decius Bellicus willfully and directly disobeyed an order, an insubordination which left four Roman legions paralytic whilst a hostile tribe was declared war upon and left unmolested.

To begin I present the order in question which Bellicus disobeyed.

Gaius Cassius Vecellinus wrote:viewtopic.php?p=17519#p17519
TO: Marcus Decius Bellicus and Gaius Quinctilius Varus

I. The military forces currently stationed in Hispania Citerior and Hispania Ulterior shall henceforth fall under the joint command of both province's governors.

II. Said command will be shared equally between both individuals by joint agreement, if possible, or by alternating days of command, as is our tradition, when impossible.

III. At no time shall a province be left with less than one legion, Roman or allied, deployed.

IV. Without prejudice to the needs of provincial defense, the combined force is commanded to remove, by force or voluntary and unconditional submission, the threat levied by the Ilegertes against our provinces and others as determined by the joint command.

V. The spoils of war will be distributed in equal amounts between both the commanding officers, after sufficient compensation is granted to their soldiers and the Republic. What is sufficient compensation is left at their discretion depending on the result of the campaign.

Done in sight of the Senate and the People of Rome.

/s/
Consul Gaius Cassius Vecellinus
194 BC - Rome

Gentlemen, I have strong evidence that Bellicus never followed this order, any of it, he never even lifted a finger towards such a path.

I have veterans from the legion then under his command who can attest they never left Hispania Ulterior, I have veterans from the legions then under my command attesting he never came and they spent the entire season on the Ilergetic border awaiting them. I have records from the shipping and docks necessary to move and supply such a campaign showing no change in the movement of military supply to the Hispanic provinces.

Thanks to the efforts of the most recent ProConsul of Hispania Ulterior, Gaius Cassius Vecellinus, my investigatory team was able to secure all witnesses and official paperwork that proves these facts. The crime is certain, all the remains to be seen is if the criminal will be punished for it.

I am a man of Law and Order. I would not be here today if my accusations were false, I sicken at the thought of any who could. For a former Consul to so brazenly defy the power he had just wielded sets such a dangerous precedent that today it is not just Bellicus on trial, but the Republic. For how long will our glorious Mother Rome maintain her honored traditions if they are so flagrantly upended by selfish ambition?

I will say this, if Bellicus is found innocent, or if his punishment is so light as to only encourage such behavior in the future, then I can already see SPQR crumbling.

Yet plaster can be mended, laws can be enforced, a new seasons promise laid in the ground in hopes of a brighter and better future.


--


I invite Gaius Cassius Vecellinus testimony.

The judge affirms that the evidence being shown is quite strong. It is a collection of letters, notes and testimony broadly agreeing with the fact that Marcus Decius Bellicus did not order his armies onto the field. The evidence is to be considered supremely trustworthy.

Very well, the judge calls upon honorable Gaius Cassius Vecellinus to give testimony.

The proxy for G. C. V. stood up.

Proconsul Vecellinus testifies that the words of Gaius Quinctilius Varus are correct in regards all accusations in general and in particular as to the accusation that an order was given by a higher-ranking officer, a Consul, to a lesser-ranking officer, a Proconsul, and deliberately ignored by the latter.

The punishment, as per tradition, is interdicere aquae et ignis.

The Judge looks somewhat surprised

We demand that Gaius Cassius Vecellinus shows up to this trial and delivers his testimony in person. A proxy cannot deliver testimony duly sworn, and we are surprised that the most honorable Gaius Cassius Vecellinus would think so.