Crim222-2

*See:* Case history

# Brief for the defense, submitted by Dalaena
```

Prosecution of Ubi for the Murder of Frobozz Submitted by Dalaena, Captain of the Justicars

On the 3rd of Torrid in the Year 220, Ubi confessed to the murder of Frobozz, a fellow fighter, by him and his two partners in crime. Only the identity of Leira is known at this time. He admits to attacking Frobozz with very little provocation and that he (Ubi) was the first to attack.

Ubi planned the attack very carefully, for Frobozz recalls someone walking into the area in which he was fighting and studying his wounds. As Ubi attacked, he discovered he could not defeat Frobozz without aid and had two other people helping him. They out numbered Frobozz 3 to 1 in a match that was gross unfair and without provocation. At no time did Ubi ask Frobozz for any apologies, give him any warnings or reasons for the attack. It was clearly malicious and pre-planned to which he all admitted in an interview with Aeris.

Frobozz has been extremely disturbed both mentally and physically by the unjustified assault. The extreme numbers used in this attack has haunted his nights and days.

**Recommendations:**

The prosecution feels that such a well-plotted and heinous murder committed intentionally and with such fervor should result in the execution of the perpetrator. Ubi should be executed for his crimes. The prosecution recommends only one execution since he confessed to his crimes.

# Brief for the defense, submitted by Kraxe
```

Defence of Ubi for the Murder of Frobozz Submitted by Kraxe, Guild of Necromancers

My client Ubi pleads NOT GUILTY to the charge of murder.

Ubi admits to killing Frobozz, but without the aid of an accomplice. This was a prepared plan in response to what Ubi saw as his due by right of insult. That another person arrived during the duel was nothing but an act of fate and it was Frobozz's own actions that brought this newcomer, Leira, into this conflict.

While Ubi originally attacked Frobozz, Leira's response was in self-defence. Without knowing who struck the fatal blow, we cannot even be sure whether Frobozz was killed in an act of revenge or in self-defence by Leira, an accidental intruder on this whole escapade.

In response to the prosecution brief I would like to address several points, the first, and most important of which goes back to events preceding the killing.

**The Motive**

Frobozz had been insulting members of the Bast religion, of which Ubi is a member, and at Ubi himself in the form of spitting at him. It was these insults that drove Ubi to hatch his plot to confront Frobozz. Provocation enough to revenge himself upon this bullying knight. Statements from Lavith, Ella and Falcore have been collected supporting this, and are available to all parties.

**The issue of fairness in the confrontation**

Frobozz was confronted and attacked by one and only one assailant. This was Ubi, for reasons already established. During their battle, Leira appeared, an innocent bystander, whose appearance was nothing but a twist of fate. Frobozz attacked Leira. Leira defended herself. The statements from both Ubi and Frobozz never make any mention of a third assailant, as the prosecution claim. And as for fairness, Frobozz admits he was receiving outside aid from a cleric friendly to him. Neither did he attempt to flee. Frobozz's own actions show that he must have thought it a fair fight.

**Who killed Frobozz**

By attacking Leira, Frobozz had, knowingly or otherwise, instigated a second confrontation, in which he was the aggressor. Leira's actions were in self-defence. We do not know who struck the fatal blow. How can Ubi be guilty of murder if there is the possibility that he did not even kill Frobozz?

**Summation**

Frobozz, by insulting both Ubi and members of the Bastite faith set the stage for a confrontation with Ubi. Time does not diminish the grave insult Frobozz dealt, and Ubi on confronting him, sought to revenge himself upon Frobozz. Leira arrived and Frobozz, for reasons know only to himself, chose to attack her. Frobozz was so confident in his abilities to defeat this pair that he chose not to flee. Frobozz was killed by either Ubi, with revenge by right of insult, or by Leira in self-defence.

Ubi admitted to nothing but his right to revenge and taking it. Ubi is innocent of murder.

**Recommendation**

Given the mistakes in the prosecution brief, the complete lack of any real evidence to support the charge of murder, and witness statements supporting Ubi's revenge by right of insult, we hope that the charges will be dropped.

Here are the supporting witness statements for Ubi's defence brief

```
I am writing due to Ubi's request to relay what I saw in tha Grenn Griffon
Tavern over a year ago.
Ubi had spoken to me, via mind link, telling me that a Vivorian was being
disrespectful to the church of Bast, him, and a churchmate thief, that I
know I knew at the time, but, her name slips my mind.  So of course, I
came to see what was going on.

  This Vivorian fighter was being extremely rude, making degrading
comments about our church, and was harassing the theif churchmate I spoke
a moment ago.  Dispite Ubi continually telling the Fighter to lay off, he
continued.  He even went so far as to spit in Ubi's face.  These things
seemed to me extremely uncalled for, and blatant harassment.

If you have any other questions, please let me know, and I will be glad
to elaborate on what I can.

Lavith Iganor, Knight of Bast
```

```
Ubi requested I write to you.
He asked that I relay to you what I remembered of a night in the tavern.
I remember sitting there, being prodded and picked on my Frobozz..
I was basicially doing my best to ignore it, knowing full well that if I
dared to step out of gg, I'd be followed and more than likely attacked.
Well Ubi refused to sit there and watch a fellow follower being harrassed
and stood up for me.
Frobozz in return began to badmouth our Goddess Bast, and spit at Ubi.
If memory serves correctly, I left soon after that.. The whole situation
was to sickening to watch.
If you have any questions, please feel free to get intouch with me.

Ella
```

```
On the day in question, Frobozz was in the tavern and began
slandering Bastites. He stated that Bastites are whores and several other
slanderous comments, directing them at Ubi. During this time, he also
attempted to Ella against her will. She repeatedly asked him to stop, yet
he would not. He continued harrassing her and making more slanderous remarks
against Bastites. He was asked to stop doing both, attempting to touch Ella
as well as stop insulting and making slanderous remarks against Bastites,
by Ubi. Frobozz refused to stop and instead, he turned to Ubi and spat in
his face as well as continued the slanderous comments against Bastites and
their religion.

Falcore the Crimson Robe
```

Yours faithfully,

Kraxe.

## Judgment: Crim222-2j

```
King's Bench of Sable

                        )
Rex,                    )
                        )
                        )
v.                      )       Crim222-2
                        )
                        )       DECIDED: Torrid 21, 225
Ubi                     )
________________________)
```

**Charge:**

Ubi stands accused of murder of Frobozz.

**Findings of Fact:**

1) Ubi confessed to the crime.

2) There was a great deal of corroborating evidence to support the confession.

3) Ubi used a horde of people to commit this brutal murder. This is an aggravating factor.

**Discussion:**

None is necessary. There are no issues of law in this case.

**Holding:**

*Murder:* Guilty

**Sentence:**

Due to the aggravated nature of this murder, the sentence is a fine of 30 orbs. All 30 orbs will be paid to a justicar. 5 orbs will be paid out to Frobozz, and the remaining 25 orbs will be tithed in the following fashion: Every deity except Bast will receive a tithe of 2 orbs. The remaining orb will be tithed to Vivoria (the faith of the victim). Since Ubi follows Bast, that faith will not benefit from this crime.