Hearing

Posted on 13 Oct 2012 @ 2:38pm by Commodore Da`nal of the House of Varal & Lieutenant Lucas Mason

1,404 words; about a 7 minute read

Mission: M9: Rest, Recovery, and Reflection
Location: USS Imperator
Timeline: MD 1 - 1300

ON:

The Achilles looked odd with only two of its three sections holding position near the Sovereign Class USS Imperator. The lower stardive section had taken major damage in the fight and had been towed away for repair. When Captain Da`nal had come aboard the Apocalypse he took some time to walk that hall as he organized his thoughts prior to the hearing. He had been impressed by the ship. The two ships had started the war together and it was fitting that they had ended it together.

Da`nal sat at the table that had been set up for him, he had know this day would come and no matter the outcome he would face his fate with honor. The room behind him held his family, fellow officers, his long time friend Charg, Capt Kretorg, and others he didn’t know…probably just the curious.

The doors to the room slid opened and three Admirals entered the room. Da`nal came to attention as they moved to their seats.

Charg rose with the rest of the gallery but he was hesitant. He only hoped that his friends hearing turned out better than his had.

Kretorg was there in support of Da'nal, but not in the mood for the procedure. Da'nal did what he had to do and there was no time to check with superiors, in fact he was not even certain they were alive. He stood up in respect of the brass, though he was clearly reluctant to do so. He knew the procedures, he was in Starfleet himself, but he didn't agree with all of them.

Ciara shared Kretorg's sentiments in this, well from what she could see from his face across from her, even if she was more reserved with her own feelings. She fully supported her Captain, her eyes following the admirals, trying to gage their moods.

Admiral L’Berr took her seat to the left of Admiral Alphonse as he was Da`nal’s commanding officer and as this was his ship he took the center as the convening authority.

Before anyone had a chance to react, Admiral Matthias Shepherd, former JAG of the Ninth Fleet and now JAG of Starfleet, spoke to those assembled. "Everyone, please be seated, we have some administrative items to attend to before we proceed." Once everyone was seated, Shepherd, who remained standing continued, "As the Judge Advocate-General of Starfleet, I am here by invoking my executive privilege in accordance with Starfleet Regulations and the Uniform Code of Justice, and assuming jurisdiction as the convening authority in these matters. Shepherd paused to see if there was any reaction. He took his seat and then addressed Da'nal, "Captain Da'nal, would you and your counsel please rise for the reading of the charges and specifications." Once on their feet, Shepherd continued, "Would the Court Reporter read the charges and specifications against Captain Da'nal"

An ensign off to one side rose from his terminal. "The charges and sppecification to be considered are: Mutiny, brought against Captain Da`nal by Major Jason Stone on Stardate 65578 and three counts of disobeying the orders of a superior officer. Those orders being not to engage the enemy and to maintain subspace radio silence as issues by Admiral Amber L`Berr on stardate 65216."

Amber shifted slightly as the charges were read. While no charges had been filed, with the Shepard here, if her former Security Chief failed to justify his action official charges could be filed and ruled on.

"Would you please state your name, rank, and position, for the record."

Da`nal did not react at all as the Specification against him were read and he replied to the question put to him. "Captain Da`nal of the House of Varal, Commanding Officer, USS Achilles."

"And you took command when?" Dirk asked knowing that it would be needed as well.

"I took command on stardate 64458."


Still on his feet Da`nal spoke. "Before we begin I would like to make a statement per Chapter 4 Article 12 of the Uniform Code of Justice."

Shepherd answered, "That article applies only to a Court-Martial, Captain. However, the panel is interested in what you have to say in response to the charges before we continue, so please proceed with your statement."

"I move that the charge of Mutiny, submitted by Major Stone be dismissed. I know Major Stone to be a man of honor, a fellow warrior that was killed in battle. I have no wish to speak ill of a man who would be welcome in Sto Vo Kor, but the charge is baseless and inaccurate. By definition a mutiny is a conspiracy to oppose or overthrow authority. There was no conspiracy. I and I alone ordered the action as the situation we discovered at Mercer were far different than what was know when I was given my orders."

Turning hear head Amber L'Berr looked down the table to her fellow Admirals. Shepherd was the first to respond, "His arguments has merit. If Capatain Da'nal acted alone, there is no case for mutiny. Further, Major Stone is no longer here as a witness, so the charges are essentially moot. It would be a waste of time to hear evidence in relation to this charge. But we not also have Captain Da'nal's admission of insubordination and violation of Starfleet security."

"Plus war gets hectic. I'm in favor for a dismissal of said charges." Dirk said when Shepherd finished.

L'Berr nodded thankfully. "Agreed."

Shepherd concluded quielty, "Then the charge of mutiny will be dismissed." Shepherd looked up at Da'nal and spoke clearly, "The panel is convinced by your explanation Captain. Your motion is granted, the charge of mutiny is dismissed. That leaves up with the remaining charges."

"Explain to us Captain why you took the steps you did." Dirk pulled at his beard as he talked. This time it was in thought as well as an old habit he had. "Given the communication silence I'm sure there was a reason."

"I took the action I deemed necessary. The situations we found at Mercer was far different from that when the Apcalypse, the Imperator and the Achilles left it; or was beleived to be the situation when I was issued my orders."

Amber inturpted. She had no idea what the JAG had planned but in a way she felt responsible. "Admirals. I don't think this needs to go any further. Captain Da`nal has been forthcoming with all the details. His reports are corroborated by the statements provided by his officers as well as those provided by the command officers of the VaQbach.

She looked over at him as she continued. "Captain Da`nal served under my command from the time he was a junior lieutenant and I had the privilage to promote him up through Lt. Commander. During that time I encouraged my officers to take the initiative, to think for themselves, and never to blindly follow orders.

"He was sent into enemy territory, alone, to get answers. Not only did he get the answers we were looking for, but brought back and detailed information on there activities, provided the evidence needed to expose a Caitian extremist cell that has been linked to sabotage and spying, exposed a connection between the Kzinti and the Tal Shiar, AND returned with an enemy vessel. We now have the answers as to why they have been able to out match our vessels. Now we can even the odds. He deemed his actions as necessary....That's good enough for me."

Shepherd turned to his counterparts, he had heard enough, "There is considerable mitigation here. In fact it was a virtual war zone. The orders give to Captain Da'nal do no reflect the situation that he found himself in. He is a senior command officer with considerable combat experience. We give COs a certain degree of discretion in combat situations. I think case things worked out. I am not inclined to punish a CO for doing their job. I am willing to dismiss the charges."

"Then they will be dismissed." Dirk said as he agreed with the comments. He turned his attention back to Da'nal. "However Captain, I still need to speak with you. However here is too formal, come to my ready room." Dirk explained as the other two Admiral's stood up he followed suit though split off in the opposite direction to his ready room Da'nal following.

OFF:

 

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