All Good Things... (Part 4 of 6)

Posted on 21 Oct 2017 @ 12:35pm by Rear Admiral Lirha Saalm & Commander Aren Ban & Commander Allyndra illm Warraquim & Commander Marisa Wyatt & Ensign Miraj Derani & Edward Bauer
Edited on on 21 Oct 2017 @ 12:44pm

3,255 words; about a 16 minute read

Mission: Episode 15 - Emanation
Location: Earth - Starfleet HQ, JAG Complex
Timeline: MD 21 - 1154 hrs

Previously, on All Good Things (Part 3)...

"And by whom do Starfleet officers receive orders from?" she asked perking a brow.

"That is a pointed question, specifically in this matter. Officers take orders from those within the chain of command, specifically flag ranks, Standing Orders, and other such polices and laws that are set forth within the United Federation of Planets and what is stipulated within the charter of the Federation." He said, pausing for a moment. "While we were out of contact with Starfleet, myself and Commander Warraquim became the ranking Starfleet officers, and our goal at that time, was to get those under our command back to the Federation, without compromising our integrity as Starfleet officers." Aren said with grace and respect.

She turned away from Ban now looking at Hedra. "Your witness Commander."

And Now, the Continuation...

[ON]

The Ktarian got to her feet. "Commander Ban, when you were captured by the Kreanans, was the Federation, as far as you were aware, at war with the Klingon Empire?"

Aren shook his head. "As far as I was aware, no, the Federation and the Klingon Empire were not in a declared state of war."

"And had the Kreanans declared war on the Federation?"

Aren shook his head. "No they had not."

Commander Hedra nodded to herself, "At any point, did the Admiral discuss why she was wearing the Klingon uniform, with you, or any of the crew. Or why she also presented with their rank?"

"Objection, relevance." Rachel interjected.

Vance looked to Hedra. "I too am curious as to where you are going with this line of questioning Commander, explain."

"My client is charged with treason on the basis of what she was wearing, ma'am. Since a commanding officer has complete discretion over the application of the Uniform Code, I think the court would benefit from understanding her reasons as she admitted at the time, rather than with benefit of hindsight." Czarien Hedra, glanced at Lirha. It wouldn't matter if she was overruled, she had plenty or arguments against this particular charge to trot out, but it was good to establish that Lirha had tried to explain herself at the time.

Vance grimaced at the response out of pure shock but did her best to hide emotion from the court. She sighed as she looked at Hedra, then to Goldstein. "Objection overruled." She stated before turning to Hedra. "However Commander I will remind you that the liberties given to Commanding Officers with respect to modifications to uniforms as seen with ones Ro Laren and Worf are not to be seen as given the scope and authority to change an entire uniform unless mission parameters dictate such. Let it be noted the Commanding Officer has limited authority in allowing variances to which members of Starfleet present themselves in uniform. That being said." She paused turning to Ban.

"Mister Ban, you will answer the question asked by defense council."

Aren turned his head to Vance and nodded. "Of course." He said before turning his attention to the defense council. "Yes we did speak of why she decided on her Klingon title and uniform choice." He said pausing, for a moment. "As to taking the moniker as General, Commander Medara asked her to take the title. Then General Saalm explained to me that it was for the benefit of the Klingon crew, feeling that they would better take orders from her if she were take on a Klingon moniker." He finished as he felt his gut twist inwardly. He didn't let any of it show but it did almost fell like a betrayal. He hadn't know Lirha long but in the short time that he had known her she did care for her crew and the Federation.

"Thank you," Hedra said. The Ktarian wasn't certain if Saalm had discussed the consequences of not going along with the Kreanan's leader. But it was worth a shot, of a sort. Saalm was insisting she had acted solely in the best interests of the crew. Could she draw that out from the commander? "And what would have been the likely consequences of the Klingon crew not taking orders from Admiral Saalm?"

Marisa groaned to herself. Did none of them understand the psychological benefit of what Saalm did? Whether they agreed with it or not, it did show that she was trying to keep a difficult situation from getting out of control.

"Objection sirs. The question calls for speculation." Rachel half stood. It was certainly an interesting question but legally should not be allowed.

"Care to explain how exactly a direct conversation between two people in which the witness was a participant calls for speculation?" Vance asked nearly smirking as she addressed Goldstein.

"Defense is asking for an opinion on what the consequences, which is a speculation on what might or might not have been. Defense has not shown that a direct conversation occurred in which the referenced subject came up, nor has it been established that information had been exchanged in the referenced matter say telepathically. Even if the later, whether that had been voluntary on both parties part, which would violate the code of telepathic ethics and thus be inadmissable." Rachel wanted to add that it sounded like the proverbial fishing trip but being insulting was a quick way to loose people.

"Sustained." Vance stated turning to Hedra. "Commander, keep your line of questioning to only what was directly conveyed to Commander Ban by your client, verbally."

It had been a calculated risk. Czarien wasn't concerned, it was a very tiny battle in a much bigger war. "I'll rephrase, Commander. Did admiral Saalm confide in you what her fears were for her crew should she have insisted on a Starfleet Uniform and rank? If so, could you share them with the court."

Aren nodded. "Yes she did. Apart from it being a symbol of her heritage and her, uh, sovereignty, she and Commander Medara felt that by wearing a Klingon style uniform and participating in there rank structure that it would provide better cooperation from the Klingon crew aboard, and that it would prevent usurpers to the chain of command." Aren said, remembering the mutiny attempt that happened not longer after crossing into the neutral zone.

"And that was a real threat, wasn't it?" The defense asked.

"Objection speculation sirs, again calling for an opinion." Rachel intoned but she figured that this was an easy rephrase.

The Orion rear admiral sat in her chair watching...judging every question and answer to and from Ban. He seemed almost remarkable to her -- a man who appeared so sworn to duty and honor that his answers were rarely flawed despite attempts to interpret his words. She stared at him with intent green eyes while also observing both counsels and the panel.

Vance sighed once again. "Sustained." She looked to defense council once again. "I once again remind Defense council they will keep the questions to factual and not speculative in nature."

Hedra's gave the bench a small nod of acknowledgement. "The admiral believed there would be a mutiny on the Kreanan's ship that would endanger her crew? To the best of your knowledge."

Aren thought about it for a moment before responding. "While there was an eventual mutiny, during our discussions we never used the word mutiny, but as I said earlier, she was concerned about some Klingon's trying to usurp the chain of command. Though by definition I suppose it means to take something illegally or by force." He said watching the Hedra.

"Thank you commander. Just one further question. Are you able to quote Starfleet General Regulation 3, Paragraph 12?"

Aren nodded. "Yes, it is In the event of imminent destruction, a Starfleet captain was authorized to preserve the lives of his crew by any justifiable means." He recited.

"Thank you, Commander." The defense turned to the bench. "No further questions."

Rachel did want to ask further questions. She only a couple. She waited the go ahead before rising to again question the commander.

Vance noticed Goldstein rising. "Does the prosecution wish to redirect?"

"Yes sir." Rachel said and went over to the commander. "Commander Ban, for the record, the defendant never said mutiny is that correct?"

Aren nodded. "During our conversation about why she chose to take the moniker of General and the change in attire, she never said mutiny, So yes, that is correct."

She wouldn't have to. Being the commander of a Klingon vessel was dangerous enough. It would have been too easy for a Klingon to take exception to being under a Starfleet officer and assassinate her, Marisa thought. But she took a deep breath and listened.

"Thank you," Rachel said. "Also for the record I would like to direct the panel to the depositions given by the surviving crew. At the time of the imminent destruction of the Galileo the defendant was gravely injured and the second officer and chief medical officer, one Allyndra illm Warraquim had assumed command. This command continued throughout the relocation of the Galileo personnel to Kreanus colony and further more, Commander Ban was agreed to be in nominal charge by agreement."

"One last question Commander Ban. Was there at any time with consultation with the surviving senior most actual Galileo officer a formal redirection of command back to the defendant?"

"Objection," Hedra got to her feet. "Question is irrelevant. My client is the senior most surviving Galileo officer, and will remain so until retirement, resignation or discharge. Additionally, Starfleet Order 104, section B, paragraph 1-A – 'In the absence of a ship's assigned captain, a flag officer has the authority to assume command should they have deemed it necessary.' No hand over of authority is required."

"Exception!" Rachel interjected. "As indicated the defendant had been deemed medically unfit for duty. No establishment of fitness had ever been determined subsequently."

"Counter Exception," Hedra said sharply. "Evidence shows that Admiral Saalm's injuries at that time was a mild concussion and a broken leg. Far below the justifiable threshold for medical removal. Commander Warraquim's action was premature and unlawful, and therefore irrelevant."

"Councilors, approach the bench." Vance stated in a commanding tone as she addressed the two officers.

The Ktarian tugged at her dress whites and approached without wasting time.

Rachel got up and headed toward the panel as well.

She looked to the defense first, "Councilor do you have any formal medical training? She asked sharply shooting Hedra a piercing gaze with her off-color eyes.

"I have a hundred years of precedent and case law to draw on, ma'am. This is not about my qualifications."

"Actually it is." Vance stated flatly at the challenge. "That is unless you have detailed reports from the Chief Medical Officer stating Admiral Saalm was declared fit for duty. Furthermore councilor, Starfleet order 104, section B, paragraph 1-A applies to Flag Officers whom are not the assigned Commanding Officer of a vessel and is not to used to supersede medical orders. Therefore Admiral Saalm would have no justification in using such regulation to resume command. As such Commander I presume you have evidence to prove Admiral Saalm was deemed medically fit to command the Galileo at the time in question?" Vance retorted seemingly growing frustrated with the two officers.

"There's no evidence to prove she wasn't." Hedra countered, shocked that the Admiral was prepared to dismiss previous precedent so lightly. "There is also evidence to suggest the Doctor's judgement was also fundamentally unsound, to whit the order to use biological agents on the enemy which Admiral Saalm had to specifically countermand. Hardly the devotion to 'do no harm' we expect of Starfleet doctors. And so therefore, the attempt to take command remains invalid."

Did anyone bother asking the counselor on board the ship? Oh, wait. She was now medically unfit herself, so they wouldn't ask her opinion of Saalm's mental state. Marisa sighed.

Something seemed amiss to Vance as though the statements before her were misleading. Her intelligence training began to kick in and suddenly she realized she had missed a vital question.

"Councilors, do either of you have concrete evidence that Commander Warraquim enacted Starfleet Medical Regulation 121?"

Hedra thought about it, trying to recall the exact words of Dr Warraquim's statement. "No Ma'am. I don't think so, but I would need to examine the deposition to be certain."

"There was nothing I recall in depositions but then one would have to ask the commander. I will acknowledge though that with constant barrage and boarding parties that the niceties of formality may have been slipped. I would point out though that the colony administrators never mentioned that the defendant was alive, nor in what shape and treated Commander Warraquim as though the senior most surviving officer giving a de facto indication to the surviving crew that was the case."

She now looked to Goldstein. "What exactly are you trying to accomplish with this line of questioning?" She asked in a firm tone believing the questions were probably more suited to a defense then a prosecutor.

"Sir, to establish that defense has not established that the defendant was following the star fleet order since she was no longer in command. Secondarily that the defendant had not resumed the command." Rachel replied and then added, "Prosecution is willing to withdraw the exception if Commander's Ban's testimony is struck from the record."

Rachel figured that both she and Commander Hedra were both a bit on shaky ground here. It had been an interesting line of questioning but neither she figured had completely established everything. In her mind it was a fair compromise now it was up to the prosecution and the panel to decide what if anything would be allowed or disallowed.

Vance learned back in her chair as her mind analytically dissected the situation. The more the trial pushed on, the more the lines blurred. For her, a reprieve was needed and the facts needed to be re-established.

"We will recess for one hour, the panel will re-examine the depositions and make a ruling on the objections and the admissibility of Commander Ban's testimony. Furthermore, as a sworn justice of the office of the Judge Advocate General I am bound to remain a neutral party in these proceedings. However in light of the recent line of questioning I believe while unprecedented, that Commander Warraquim be sworn in and questioned by myself as to whether she did or did not formally enact Starfleet Medical Regulation 121. Do either council object to this questioning?"

"No sir, but I will tell you that she was on the list of prosecution witnesses that might have been called." Rachel replied.

"No objections," Herda confirmed.

Vance nodded as she looked past the two council to the crowd behind the respective tables. "Commander Allyndra Warraquim, approach the bench."

Allyndra had watched the proceedings and she knew she was on the prosecution's list of witnesses but while she was ready to be called she did not expect to be called while the counselors and the panel seemed to be in discussion. She stood and moved forward as requested.

The officer of the court stepped towards the bench approaching Allyndra, administering the oath to her. Once completed, he stepped back allowing the Vice Admiral to address the Commander.

"Commander Warraquim, I am going to ask you one question which both council have agreed upon. There will be no subsequent questioning or cross-examination once the question is answered. Once I am satisfied the question has been answered, you will be allowed to return to the gallery until such a time as you could be called. Do you understand?

"Yes sir," she replied a bit curious as to where this was going.

"Commander, Starfleet Medical Regulation one two one section alpha states, The chief medical officer has the power to relieve an officer or crewman of his or her duties including one of superior rank if, in the CMO's professional judgment, the individual is medically unfit, compromised by an alien intelligence, or otherwise exhibits behavior that indicates seriously impaired judgment. A Starfleet officer can face court martial for failing to submit to such a relief.

My question to you is, during the imminent destruction of the USS Galileo, did you or did you not formally enact Starfleet Medical Regulation one two one, section alpha and as Chief Medical Officer relieve Admiral Saalm of her command?"

"I formally took command since Admiral Lirha had been injured with a blow to her head and pinned by a beam. I had given her an analgesic at that point as well. I announced that I was taking command and the admiral did not protest, as far as saying by regulation, no, I did not. The warp core was about to explode, as I remember we had less than two minutes thus formality of going through the routine was not on my mind and besides most of the computer systems were off line. Ensign Mimi and Lieutenant Kirolova heard me say I was taking command and there was no other protest considering we were seconds away from being incinerated. I hope that answers your question sir." Allyndra played the scenario in her head. To say that it had been chaotic would be an understatement.

"It does Commander, please be seated." She replied as she took notes on her PADD. She could have continued questioning but that was not her function, intervening in a trial required a tactical touch. She had her answer, it was up to each respective council to decide what to do with it. Vance rose from her seat. "Court will adjourn for one hour while the panel deliberates."

"One moment ma'am, please!" Hedra stood up suddenly when she realised that a very important detail had not been covered. "Commander Warraquim served as both CMO and 2XO. It has not been established in which capacity she took command."

"The agreement was for the one question ex tempore" Rachel interjected.

"To establish if the defendant was removed on medical grounds," Hedra insisted. "Which has not been done."

Allyndra just looked confused at the moment but did not answer.

West's eyes snapped to the Commander and he made a note on his PADD about the failure to answer the question, on which ground she had taken command. Hedra had a good point and he thought it would make sense to flesh that out more. He waited for the presiding Admiral to call the court to recess.

"I believe we have reasonable means to determine Commander Warraquim was executing her duties as second officer. You may return to your seats councilors." Vance said dismissing them.

The officer of the court asked all in attendance to rise as the panel stepped out.

To Be Continued...

[OFF]

--

RADM Lirha Saalm
Commanding Officer
USS Galileo

LuAnn Lovegood
Counselor
[PNPC Sandoval]

Lieutenant JG Marisa Sandoval
Former Chief Counselor

Commander Aren Ban
Executive Officer

Lt. JG Eelim Galan
Security officer
[PNPC Varro]

Ambassador Soral Varro
Diplomatic Officer

Cmdr Allyndra illm Warraquim
Medical Officer

Rachel Goldstein
JAG
[NPC Allyndra illm Warraquim]

Nesh Saalm
Civilian
[NPC Derani]

Ensign Miraj Derani

Commander Czarien Hedra
JAG
[NPC Derani]

Nathan West
Rear Admiral
Head of Starfleet Intelligence

RADM Harold Doolittle
BUPERs
Starfleet Command

CWO3 Greg Mitchell
Security/Tactical Officer
USS Galileo

ENS Mimi
Operations Officer
USS Galileo

LTJG Amaranai Franklin
Security/Tactical Officer
USS Galileo

CMDR Scarlet Blake
Instructor
Starfleet Academy

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