Motion of Recusal
It is with a heavy heart that the Defence submits this motion. We request that Justice MilkCrack recuse himself from this trial as he has acted in a bias manor in favor of the Prosecution, we are unaware if this is due to malice or a predisposition towards my client or just a failure to keep this court in order, as we will outline the evidence for such below:
1. The first case of bias in favor of the Prosecution was at the start of this trial, the Prosecution initially filed this case as a civil trial. Instead of dismissing the trial and allowing them to refile it correctly the Justice instead smoothed over their mistake and even corrected their mistakes for them.
2. The Justice then further allowed the Prosecution to double down on their mistake and submit a criminal complaint onto their already misfiled civil complaint within the one case.
3. The Justice automatically filed this case, naming it 'CR 01', as a criminal trial despite the fact that the Prosecution had filed it as a civil case - further correcting the Prosecutions negligence, possibly in order to allow their case to find my client guilty whatever the cost may be.
4. The Justice only chose to correct the mistake of the Prosecution, in filing the case as a civil trial and not as a criminal one, once the Defence had followed in referring to the case as a civil trial. Clearly showing that they had noticed the mistake of the Prosecution but, potentially, had hoped to be able to ignore it.
5. When considering the question of the ability of the MoJ to detain the Defendant the Justice only quoted, and clearly only considered, Section 4.1 & Section 4.1a of the criminal code - despite the fact that Section 4.1b had been previously mentioned by the Defence. This clause would have made the actions of the AIPD illegal, however the Justice completely ignored it.
6. The Justice once again allowed the Prosecution leniency in fixing their mistake by allowing them to amend their original filing to include the factual allegations of Murder, instead of just dismissing the charges immediately and making them refile the case, asking the Prosecution to "Please also include as many details as possible" - details they would not end up providing, with the Justice ignoring the exclusion of detail.
7. The Justice showed a very clear bias against the Defence in writing a warning directed to the Defence regarding their 'Motion of Perjury' due to the lie told by the Prosecution of "No" to the question "Can the crime-watcher system give a robbery alert if no money was taken out of someone's account?" - this is an obvious lie given that the system obviously has faults as highlighted by the Defence. On submitting this fact the Justice treated the Defence as if they were lying, warning them against "capricious motions for the purposes of rhetorics" - prejudging the statement made to be false, without any evidence.
8. In response to the Defence motioning for perjury the Prosecution proceeded to threaten and then file frivolous and frankly insane motions. Asking for sanctions against the Defence for acts such as: "refusing to acknowledge legal evidence from our crime watcher’s system" - Which the Defence proved could make mistakes, "Defendant’s counsel does not understand what a criminal case is and requested for civil trial, showing a lack of knowledge in the criminal code" - attempting to blame his own mistake for filing the case as a civil trial on the Defence, and finally in that motion "the defendant’s counsel is harming the defendant’s legal interest" attempting the most disgusting act of directly attacking the opposing counsel as failing their client, when the only thing so far that had protected our client was the hard work of the opposing counsel. This completely unhinged, illegal, and crazed attack on the Defence was not even met with warning from the Justice - with the Justice instead choosing in their response to warn the Defence as mentioned in point 7.
9. The Prosecution clearly threated the Defence, however when this was submitted to the court the Justice chose to completely ignore this and instead warn both sides against "ad hominem attacks and the dramatization of this case", there was a clear abuse of power where threats were made not against the defendant in the case but the lawyer of the defendant, in an attempt to deprive the Defendant of their right to counsel - however this was glossed over and ignored by the Justice.
10. The Justice, despite warning that capricious Motions of Perjury would be punished in their court, chose to ignore the fact that the Prosecution had made a Motion of Perjury against the Defence for "Defendant’s counsel attempted to assert that this was a civil trial while fully knowing it was a criminal trial, purposely lying to attempt to get the case thrown." despite acknowledging multiple times that this was a mistake made by the Prosecution. In fact the very act of making this Motion of Perjury was in fact Perjury by the Prosecution - as the Prosecution knew the mistake in filing it as a civil trial started with them, however the Justice rushed past these facts further forgiving the Prosecution their mistakes.
11. The Justice has allowed the Prosecution to spend further time scraping up the evidence they should have gathered two weeks ago, at this point my client has spent nearly 2 hours in jail, 2 weeks in court. The Prosecution has been given every single chance to correct their mistakes - but when the Justices thinks that the Defence has made a mistake he choses to deliver a cold hard warning, despite the fact that the Defence was in the right. This is not a court of justice, this should have been ruled a mistrial two weeks ago - the fact this case continues is a truly terrible thing.