S4: E13 - Justice Be Done

[Rhymus Cleroux]

[Courtroom - Starbase 84]

As Chief Cleroux reported, Ian noted that Lieutenant T'Kel was present as an observer and more disconcerting, Admiral Fleming was also in the gallery watching the proceedings. Once Kirok had rung the bell, Lieutenant Commander Th'avythrath stood and began to speak.

"Chief Cleroux, although your after action report has already been entered into the record. Could you please, in your own words, state the events that occurred on Stardate 76450.3 aboard the Federation Registered Freighter SS Heidi Schwebach."

[Starbase 84, Courtroom]

Rhymus made a mental note of the key characters of the room. The Captains and Lieutenant T'Kel, the Sec/Tac Department Chief, he had expected. But the Admiral watching over them all was, to Rhymus at least, an unwelcome  surprise. More major players to witness the worst massacre in Challenger's history.

"Well," he began, choosing his words carefully. "My team and I were transported aboard the Heidi Schwebach after the shuttle teams boarded. Do to cirsumstances outside of the situation, we were transported to the first available location that could hold us, which meant one of the cargo bays amidships. We were ambushed there by some of the opposing forces, but were relieved when Petty Officer Fisk managed to bring his team onto their flank and incapacitate them."

Rhymus idly rubbed the scar on his left thigh. A tic that had arisen after having part of a station collapse on him.

"Once Fisk, his team, and I were out into the main thoroughfare, we recieved a report from Ensign Silverback that a hostage situation was in progress, and he was requesting reinforcements to make an assault with grenades through the single entry point. Fisk and I were... not keen on the plan. It was tactically unsound, in this crewman's professional opinion. We had no intel on how many hostiles were present, how many hostages they had, we did not even know the size of the room they occupied. An assault would have killed everyone if the room was larger than one hundred meters square. And the attempt had a high likelihood of injuring hostages.We made our concern known, but made it briefly clear other options were open to allow us a better handle on the situation. In return we were called cowards, and told that the deaths of the entire security force and the hostages would be on our heads."

Rhymus paused a moment to regather his thoughts and allow the details of his explanation to sink in.

"Despite the Ensign's... lack-of-friendliness toward Starfleet operational protocol, Fisk and I made our way towards the Ensign's position, as did Chief Blackfeather. Our transponders would have made that abundantly clear. Fisk and I were about twenty or thirty meters away when the shooting started. When we arrived, Chief Grint had, to his credit, rushed the position and cleared the room, eliminating the threat. But the damage was done. Ensign Silverback had charged the hostage takers alone, without the support of his team, and murdered one of the pirates. The rest incapacitated him and began murdering the hostages. After that, it was a routine sweep to clear the rest of the freighter, and the rest of the pirates retreated."

[Ian Galloway]

[Starbase 84, Courtroom]

Rhymus made a mental note of the key characters of the room. The Captains and Lieutenant T'Kel, the Sec/Tac Department Chief, he had expected. But the Admiral watching over them all was, to Rhymus at least, an unwelcome  surprise. More major players to witness the worst massacre in Challenger's history.

"Well," he began, choosing his words carefully. "My team and I were transported aboard the Heidi Schwebach after the shuttle teams boarded. Do to cirsumstances outside of the situation, we were transported to the first available location that could hold us, which meant one of the cargo bays amidships. We were ambushed there by some of the opposing forces, but were relieved when Petty Officer Fisk managed to bring his team onto their flank and incapacitate them."

Rhymus idly rubbed the scar on his left thigh. A tic that had arisen after having part of a station collapse on him.

"Once Fisk, his team, and I were out into the main thoroughfare, we recieved a report from Ensign Silverback that a hostage situation was in progress, and he was requesting reinforcements to make an assault with grenades through the single entry point. Fisk and I were... not keen on the plan. It was tactically unsound, in this crewman's professional opinion. We had no intel on how many hostiles were present, how many hostages they had, we did not even know the size of the room they occupied. An assault would have killed everyone if the room was larger than one hundred meters square. And the attempt had a high likelihood of injuring hostages.We made our concern known, but made it briefly clear other options were open to allow us a better handle on the situation. In return we were called cowards, and told that the deaths of the entire security force and the hostages would be on our heads."

Rhymus paused a moment to regather his thoughts and allow the details of his explanation to sink in.

"Despite the Ensign's... lack-of-friendliness toward Starfleet operational protocol, Fisk and I made our way towards the Ensign's position, as did Chief Blackfeather. Our transponders would have made that abundantly clear. Fisk and I were about twenty or thirty meters away when the shooting started. When we arrived, Chief Grint had, to his credit, rushed the position and cleared the room, eliminating the threat. But the damage was done. Ensign Silverback had charged the hostage takers alone, without the support of his team, and murdered one of the pirates. The rest incapacitated him and began murdering the hostages. After that, it was a routine sweep to clear the rest of the freighter, and the rest of the pirates retreated."

[Courtroom - Starbase 84]

After Rhymus finished speaking, the Andorian prosecutor let the silence hang for several dramatic seconds before he said.

"The witness' testimony reflects that of his after action report. Pared down to the essential elements, the defendant, was aware of options other than frontal assault, dismissed those options as cowardice, knew reinforcements were very close, and chose to conduct his solo attack in spite of having this information. In addition, during his one being assault, he further ignored protocol and killed one of the pirates rather than try to subdue them first."

Th'avythrath paused again to let his words sink in before continuing.

"Based on this testimony, I must ask the tribunal, can there be any doubt of the defendant's guilt? In multiple instances, the defendant completely ignored standard security procedures despite knowing there were other options and this decision resulted in the deaths of 18 members of the crew of the Heidi Schwebach.

"Such behavior is far beyond simple dereliction of duty, the defendant's actions displayed a wanton disregard for the preservation of life, one of the Federation's most dearly held principles. Given this damning testimony, it is clear that the defendant showed a lack of judgment so profound, that he must face the consequences of his actions. As there are no more witnesses. The prosecution rests."

[Tekin Nevir]

[Courtroom - Starbase 84]

After Rhymus finished speaking, the Andorian prosecutor let the silence hang for several dramatic seconds before he said.

"The witness' testimony reflects that of his after action report. Pared down to the essential elements, the defendant, was aware of options other than frontal assault, dismissed those options as cowardice, knew reinforcements were very close, and chose to conduct his solo attack in spite of having this information. In addition, during his one being assault, he further ignored protocol and killed one of the pirates rather than try to subdue them first."

Th'avythrath paused again to let his words sink in before continuing.

"Based on this testimony, I must ask the tribunal, can there be any doubt of the defendant's guilt? In multiple instances, the defendant completely ignored standard security procedures despite knowing there were other options and this decision resulted in the deaths of 18 members of the crew of the Heidi Schwebach.

"Such behavior is far beyond simple dereliction of duty, the defendant's actions displayed a wanton disregard for the preservation of life, one of the Federation's most dearly held principles. Given this damning testimony, it is clear that the defendant showed a lack of judgment so profound, that he must face the consequences of his actions. As there are no more witnesses. The prosecution rests."

[Courtroom - Starbase 84]

The Bajoran captain listened intently... him being the reason why their Chief of Security was called for to begin with.  It was good to hear the record enforced... but that wasn't exactly why Nevir was so adamant.

"Chief, you hadn't had much time with the defendant prior to the mission.  But aside from the events of that particular day, what was your assessment of Ensign Silverback?"

[Lagar]

[Courtroom - Starbase 84]

After Rhymus finished speaking, the Andorian prosecutor let the silence hang for several dramatic seconds before he said.

"The witness' testimony reflects that of his after action report. Pared down to the essential elements, the defendant, was aware of options other than frontal assault, dismissed those options as cowardice, knew reinforcements were very close, and chose to conduct his solo attack in spite of having this information. In addition, during his one being assault, he further ignored protocol and killed one of the pirates rather than try to subdue them first."

Th'avythrath paused again to let his words sink in before continuing.

"Based on this testimony, I must ask the tribunal, can there be any doubt of the defendant's guilt? In multiple instances, the defendant completely ignored standard security procedures despite knowing there were other options and this decision resulted in the deaths of 18 members of the crew of the Heidi Schwebach.

"Such behavior is far beyond simple dereliction of duty, the defendant's actions displayed a wanton disregard for the preservation of life, one of the Federation's most dearly held principles. Given this damning testimony, it is clear that the defendant showed a lack of judgment so profound, that he must face the consequences of his actions. As there are no more witnesses. The prosecution rests."

Lieutenant jg Lagar
[Starbase 84 - Courtroom]

And here it was, the closing statement. Lagar's last chance to formally speak on behalf of Ensign Silverback, a being as unusual to the typical humanoid eye as the Phylosian himself. Lagar moved forward, his dress uniform giving no clues that very recently, he had been dressed for surgery, and had been slicing into the neck of the very Chief who had just given his testimony only moments ago. His voder device, volume increased, spoke out.

"Captains." he started slowly, taking a pause before continuing on. "Ensign Silverback... made choices. A series of choices, many of which we now deem wrong by varying degrees of severity and personal responsibility. He was graduated by Starfleet Academy, he was assigned to the rescue mission by the Chief of Security, Lieutenant T'Kel, and he was on that ship with others. He made decisions we now look back on, with far more clarity and far less intensity than he felt at the time."

The Phylosian shifted closer to the Mugato, four twisting legs standing stock-still once he arrived within a few feet of his client.

"As his advocate, and as his crewmate, it falls to me to wonder what future path this court will lay before him." He turned back to the Captains. "Whether there are other ways that he can still serve the cause of peace. Whether there is a calling we can find for him, a task we can set him to, where he will find a place. I foresee talk in his future, further discussion and reflection of the events on the Schewebach beyond what we're able to provide here, in this environment."

He turned back to the Ensign for a moment, another look at the person whose future Lagar was, at least in some small way, influencing. "I have no desire to see my cremate placed in a dark cell, left alone, with no one to talk to him, and no one who will choose to advocate for him because of the choices he made... No matter how dark or bloody those actions might be. No matter the deaths that occurred, and the role we judge him to have played in those deaths."

He returned to his original position and spoke his final words to the Captains. "We await your judgment. The defense rests."

[Rhymus Cleroux]

[Courtroom - Starbase 84]

The Bajoran captain listened intently... him being the reason why their Chief of Security was called for to begin with.  It was good to hear the record enforced... but that wasn't exactly why Nevir was so adamant.

"Chief, you hadn't had much time with the defendant prior to the mission.  But aside from the events of that particular day, what was your assessment of Ensign Silverback?"

[Starbase 84, Courtroom]

Rhymus thought about the question for a moment before speaking. True to the Captain's word, Rhymus had not had long to get to know the Ensign. But an experienced eye could tell much from a few glances.

"Professionally speaking, the defendant was quite inexperienced. But we, being the Chief NCOs, trusted that the Academy had laid a strong foundational understanding of their duties that they could build from. It wasn't until the Heidi Schwebach where the disregard for our protocols made itself apparent."

[Tekin Nevir]

[Starbase 84, Courtroom]

Rhymus thought about the question for a moment before speaking. True to the Captain's word, Rhymus had not had long to get to know the Ensign. But an experienced eye could tell much from a few glances.

"Professionally speaking, the defendant was quite inexperienced. But we, being the Chief NCOs, trusted that the Academy had laid a strong foundational understanding of their duties that they could build from. It wasn't until the Heidi Schwebach where the disregard for our protocols made itself apparent."

[Courtroom - Starbase 84]

It wasn't the answer he wanted to hear.. but it was honest.  There was a standard expected from new Ensigns.  In this case, that standard was not apparent.

"And lastly, in your opinion, can the defendant earn his place as part of Starfleet Security?"  It was really difficult to find the right words, but the meaning in his words were clear.  He was outright asking Silverback's superior if the officer could be salvaged.  It was the last chance that he was looking for.

Once the answer was given, Nevir glances to the other two judges, and wrote something down.

"I think we are ready.  I am ready to give my verdict."

[Kirok]

[Courtroom - Starbase 84]

It wasn't the answer he wanted to hear.. but it was honest.  There was a standard expected from new Ensigns.  In this case, that standard was not apparent.

"And lastly, in your opinion, can the defendant earn his place as part of Starfleet Security?"  It was really difficult to find the right words, but the meaning in his words were clear.  He was outright asking Silverback's superior if the officer could be salvaged.  It was the last chance that he was looking for.

Once the answer was given, Nevir glances to the other two judges, and wrote something down.

"I think we are ready.  I am ready to give my verdict."

[Courtroom - Starbase 84]

Kirok listened to both sides.  Lagar asking for a bit of compassion.  Cleroux confirming that Silverback was 'inexperienced.'

After Nevir's last comment, Kirok remained silent a moment.  His chin lifted a bit.  "I would like to hear Mr. Cleroux's answer to your question" he said.

"Can you ever serve with Silverback again, Mr. Cleroux?  Can he regain your trust?  Rejoin your tribe?" the half Vulcan asked pointed.

[Rhymus Cleroux]

[Courtroom - Starbase 84]

It wasn't the answer he wanted to hear.. but it was honest.  There was a standard expected from new Ensigns.  In this case, that standard was not apparent.

"And lastly, in your opinion, can the defendant earn his place as part of Starfleet Security?"  It was really difficult to find the right words, but the meaning in his words were clear.  He was outright asking Silverback's superior if the officer could be salvaged.  It was the last chance that he was looking for.

[Courtroom - Starbase 84]

Kirok listened to both sides.  Lagar asking for a bit of compassion.  Cleroux confirming that Silverback was 'inexperienced.'

After Nevir's last comment, Kirok remained silent a moment.  His chin lifted a bit.  "I would like to hear Mr. Cleroux's answer to your question" he said.

"Can you ever serve with Silverback again, Mr. Cleroux?  Can he regain your trust?  Rejoin your tribe?" the half Vulcan asked pointed.

Rhymus disliked speaking ill of his superiors, but his convictions won out in the end.

"Speaking truthfully, in my professional opinion. I believe strongly that Starfleet must keep intensely high standards to continue its purpose to protect and represent the Federation. And the Security/Tactical Department holds even higher standards, as the lives of not only the Federation's citizens but also our fellow Starfleet Officers often rest in our hands. If this is the best the defendant could offer under the same expectations as the rest of their brothers and sisters in arms, I believe it is wholly unlikely they will be able to meet our standards in any reasonable amount of time. I have stated before that the lines of trust held between enlisted and commissioned crew have been brutally severed by this reckless action, and I can not, in good conscience, ask myself or any of my fellow crew to put their trust in the defendant and serve under them again. "

[Kirok]

Rhymus disliked speaking ill of his superiors, but his convictions won out in the end.

"Speaking truthfully, in my professional opinion. I believe strongly that Starfleet must keep intensely high standards to continue its purpose to protect and represent the Federation. And the Security/Tactical Department holds even higher standards, as the lives of not only the Federation's citizens but also our fellow Starfleet Officers often rest in our hands. If this is the best the defendant could offer under the same expectations as the rest of their brothers and sisters in arms, I believe it is wholly unlikely they will be able to meet our standards in any reasonable amount of time. I have stated before that the lines of trust held between enlisted and commissioned crew have been brutally severed by this reckless action, and I can not, in good conscience, ask myself or any of my fellow crew to put their trust in the defendant and serve under them again. "

[Courtroom - Starbase 84]

Kirok's expression remained unchanged upon hearing this.  He took in a small breath.  Then released it.

"Thank you, Mr. Cleroux.  You may be excused.  Silverback, will you please rise" Kirok replied.

He looked to Ian.  Then Nevir.  Expecting both to deliver their verdicts.

[Ian Galloway]

Rhymus disliked speaking ill of his superiors, but his convictions won out in the end.

"Speaking truthfully, in my professional opinion. I believe strongly that Starfleet must keep intensely high standards to continue its purpose to protect and represent the Federation. And the Security/Tactical Department holds even higher standards, as the lives of not only the Federation's citizens but also our fellow Starfleet Officers often rest in our hands. If this is the best the defendant could offer under the same expectations as the rest of their brothers and sisters in arms, I believe it is wholly unlikely they will be able to meet our standards in any reasonable amount of time. I have stated before that the lines of trust held between enlisted and commissioned crew have been brutally severed by this reckless action, and I can not, in good conscience, ask myself or any of my fellow crew to put their trust in the defendant and serve under them again. "

[Courtroom - Starbase 84]

Kirok's expression remained unchanged upon hearing this.  He took in a small breath.  Then released it.

"Thank you, Mr. Cleroux.  You may be excused.  Silverback, will you please rise" Kirok replied.

He looked to Ian.  Then Nevir.  Expecting both to deliver their verdicts.

[Courtroom - Starbase 84]

Ian winced at the harshness of the Chief's reply, but as the 208th Rule of Acquisition stated, "Sometimes the only thing more dangerous than a question is an answer." And the saddest part of the Chief's answer was that Ian agreed with that assessment completely. Starfleet was big on redemption, so was it possible for Silverback to serve the Federation in some capacity? Absolutely, but never as an officer again. The failure had been too great for that and it was time to render judgment. Although it gave him no pleasure at all, Ian kept his response to a single word.

"Guilty."

[Tekin Nevir]

[Courtroom - Starbase 84]

Kirok's expression remained unchanged upon hearing this.  He took in a small breath.  Then released it.

"Thank you, Mr. Cleroux.  You may be excused.  Silverback, will you please rise" Kirok replied.

He looked to Ian.  Then Nevir.  Expecting both to deliver their verdicts.

[Courtroom - Starbase 84]

Ian winced at the harshness of the Chief's reply, but as the 208th Rule of Acquisition stated, "Sometimes the only thing more dangerous than a question is an answer." And the saddest part of the Chief's answer was that Ian agreed with that assessment completely. Starfleet was big on redemption, so was it possible for Silverback to serve the Federation in some capacity? Absolutely, but never as an officer again. The failure had been too great for that and it was time to render judgment. Although it gave him no pleasure at all, Ian kept his response to a single word.

"Guilty."

[Courtroom - Starbase 84]

It was a harsh answer, but an honest one.  Nevir couldn't imagine being in the shoes of the officer that answer was referring to.  But... he had to rule fairly and justly.  There was nothing more he could do.

"Guilty."

[Kirok]

[Courtroom - Starbase 84]

With 2 guilty verdicts in, the decision was clear.  It didn't matter what Kirok's vote was.  So there was no reason to voice it.

Instead he addressed Silverback.  The inexperienced Mugato.  Sadly, still in chains.

"Silverback.  This court has found you guilty.  Do wish to make a statement before we move to the sentencing phase?" the half Vulcan said.

[Silverback]

[Courtroom - Starbase 84]

With 2 guilty verdicts in, the decision was clear.  It didn't matter what Kirok's vote was.  So there was no reason to voice it.

Instead he addressed Silverback.  The inexperienced Mugato.  Sadly, still in chains.

"Silverback.  This court has found you guilty.  Do wish to make a statement before we move to the sentencing phase?" the half Vulcan said.

"Yes, I do." Silver said as he stood up and addressed the Captains.  He didnt wait for his counsel to speak as the decision was unanimous.

"I know my actions were wrong but in the moment I felt they were justified.  I will carry those deaths and how my crew looks at with with disgust and mistrust for the rest of my natural life.  All I can hope to do is redeem myself in some small way in there eyes and the eyes of my Captain whom I also failed, as he failed me.  So with that, I hope Lagar." Silver said motioning to the phylosian beside him.  "Understands the full extent of my gratitude for defending me and I hold no ill will towards those of my subordinates who condemn me." Silver said as he took his final breath of possibly his last set of freedom for while.

"I do ask one favor, even though I know that you may not grant it under the circumstances but I ask it regardless.  In your sentencing, would you be so kind to take pity, send me to the rehab facility above neural?.  Allow me to return to Neural, so I may be at peace with my ancestors and forever roam the graveyard of my people.  So I may forever be with the spirits of those I failed to protect.  I know it may not seem like a worthy sentence but when you are haunted by your past but wont give you a future.  It is a punishment in its own right when you believe in the spirits as I do, let the dead punish me should they choose and reflect on their deaths.  Let me die where I was born and where I should be buried should the time come.  May the spirits guide you wisely." Silver said with a pleading look in his face as he seemed broken in that instance as he sat back down hoping they would grant his request.

[Tekin Nevir]

"Yes, I do." Silver said as he stood up and addressed the Captains.  He didnt wait for his counsel to speak as the decision was unanimous.

"I know my actions were wrong but in the moment I felt they were justified.  I will carry those deaths and how my crew looks at with with disgust and mistrust for the rest of my natural life.  All I can hope to do is redeem myself in some small way in there eyes and the eyes of my Captain whom I also failed, as he failed me.  So with that, I hope Lagar." Silver said motioning to the phylosian beside him.  "Understands the full extent of my gratitude for defending me and I hold no ill will towards those of my subordinates who condemn me." Silver said as he took his final breath of possibly his last set of freedom for while.

"I do ask one favor, even though I know that you may not grant it under the circumstances but I ask it regardless.  In your sentencing, would you be so kind to take pity, send me to the rehab facility above neural?.  Allow me to return to Neural, so I may be at peace with my ancestors and forever roam the graveyard of my people.  So I may forever be with the spirits of those I failed to protect.  I know it may not seem like a worthy sentence but when you are haunted by your past but wont give you a future.  It is a punishment in its own right when you believe in the spirits as I do, let the dead punish me should they choose and reflect on their deaths.  Let me die where I was born and where I should be buried should the time come.  May the spirits guide you wisely." Silver said with a pleading look in his face as he seemed broken in that instance as he sat back down hoping they would grant his request.

[Courtroom - Starbase 84]

The verdict was done.. on the record Silverback was convicted of his actions unbecoming of an officer.  He looked over at Ian and Kirok... the only real point of contention between the three Captains.  It was up to Kirok as the senior officer to announce the sentencing.

At least it would have, except Silverback's final statement had a request.  Nevir swung his head around as he asked basically to return home to live out his life.  Nevir raised an eyebrow and spoke up.

"Mr. Silverback, you do not yet know what sentence we were giving you.  It sounds like you are asking to be removed from the Federation altogether.  That was not in our plan.  You aren't being incarcerated or drummed out, unless you feel it necessary.  So I ask you... knowing the degree of sentencing, do you still make that request?"

[Silverback]

[Courtroom - Starbase 84]

The verdict was done.. on the record Silverback was convicted of his actions unbecoming of an officer.  He looked over at Ian and Kirok... the only real point of contention between the three Captains.  It was up to Kirok as the senior officer to announce the sentencing.

At least it would have, except Silverback's final statement had a request.  Nevir swung his head around as he asked basically to return home to live out his life.  Nevir raised an eyebrow and spoke up.

"Mr. Silverback, you do not yet know what sentence we were giving you.  It sounds like you are asking to be removed from the Federation altogether.  That was not in our plan.  You aren't being incarcerated or drummed out, unless you feel it necessary.  So I ask you... knowing the degree of sentencing, do you still make that request?"

"Yes, Captain.  I still make this request.  I know you are a wise spirit in a darkness devoid of light.  Death to my people is natural but causing death willingly has its own price on the Mutago responsible.  No one should be around me when and if this comes to pass." Silver stated as he wished to be alone when this happens.  "Every culture has there own way of atonement.  I am essentially asking for mine when it comes, people are safe." Silver said as the Admiral didnt understand the severity of this atonement.