Logbook entry

The Hodkin Chronicles Part 14: Courting Controversy

17 Feb 2017S. Hodkin
13th July 3301 - Hearing Room 012, Federal Military Courts, Mars High

Case 3301/CMD21457-01 - Court Martial of PO N. Asher, Post Commander E Warren Presiding

Summary of Charges

Petty Officer Asher stood charged before the court martial, consisting of a panel of three, of deserting his duties contrary to Article 35 of the Federal Navy Regulations; insomuch that PO Asher failed to report back for duty following combat with the enemy in the Rotanev system in June 3300, in which one of his wing was killed and two captured.

Selected Evidence Summary
The Prosecution counsel initially contested the Defence counsel as a conflict of interest, owing to CPO Hodkin (Reg. Ret, Now Aux.) having been captured during the enemy action. This objection was overruled, as any defence may be called under Article 4.1b of the  Naval Court Martial Act 3105.

Prosecution counsel asserted that PO Asher had deserted following enemy action, with no regard for fallen or captured comrades, and then defied the Naval Covenant by residing as a deserter in Empire space. In addition, it was implied that he had continued to be improperly paid out of Naval funds.

In response, Defence counsel contested both accusations, in that Liaedin was at the time Imperial space, but that negotiations to join the Federation were already underway, and that merely remaining in Imperial space was neither desertion nor treason. Indeed, the trauma inflicted would have caused PO Asher to flee the scene and any sign of conflict. Furthermore, his funds were acquired through non-military work, nor was he committing any crime in doing so.

Judgement
The Panel determined that while PO Asher had left a field of combat, it was not in an illegal or malicious manner, and while it was accepted he had not reported his location under Regulations, he was involved in constructive and legitimate civilian work using his own funds. Therefore, the charges brought forward are dismissed with neither penalty nor sentence.

In addition, compensation will be paid to PO Asher in the amount of 2,000,000 credits, in lieu of lost earnings and to aid in post-traumatic care services in any system he wishes. Furthermore, his residency in Lieadin is not contested, provided he remains a Federation citizen.
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