Foreign Frights: The $50 000 Club.

Chapter One-2

“Please rise. The court is now in session, the Honorable Judge Shepperd presiding, all be seated.” Instructed the bailiff.

Rex the attorney of the parent’s victim, stood up and touched his suit jacket before walking in front of the people. He stood in the middle and looked at everyone in the court. He looked at the parents of the victims and then at the defendant.

“Ladies and gentlemen, I want you to understand that because of the negligence of the defendant the parents lost their son. If the defendant had acted reasonably responsible and refused to sell the weapons to poor people with no money for food or to look after themselves then this tragic could have not happened. I therefore hold the defendant accountable for his actions. This failure to take reasonable steps to ensure that his weapons will not end up in the wrong hands amounts to manslaughter. They can’t claim a lack of foresight as their defense, as they were expected to have that foresight to know that their weapons might end up in the wrong hands.”

A sudden buzz of voices flooded the court. Everyone, suddenly started talking in the court.

“Order! Order! Silence in court!” Demanded the Judge.

Pablo the attorney of the defendant gave a quick arrogant smile and touched his suit. Swiftly the court doors opened wide. A group of journalists and photographers gate-crashed the court. The Judge repeatedly slammed the gavel calling for order and silence. The court’s bailiff and ushers together with the security guards ran to the rescue and pushed everyone out.

Rex after arguing his case before the Judge, looked at the parents of the deceased and after a while, he sat down. Quickly and energetically, Pablo got up and corrected the position of his trousers’ belt before touching his suit jacket. He looked at Emmanuel who was seated in the defendant box. He walked toward him and looked at him. The two men shoot each other a quick glance. Pablo stood aside and looked at the jury and the Judge and all the people in the court.

“Ladies and gentlemen, we are not disputing that a young innocent life was lost, no. We are very distressed and pained as much as the victim’s parents. We have done everything reasonable to us to ensure that the weapons were used in accordance to the weapons and Arms act. In fact, we went to the great lengths of offering any kind of help requested by the parents of the deceased, but help was denied. The question you should ask yourself is this. Did my client shoot this little poor kid? Some might argue that guns don’t kill people, people kill people. Even in the harshest scenario, my client can’t be held responsible to what happens after the sale has taken place. The Arms act is his bible. I am not saying that he did not take any reasonable steps to ensure that the guns were used in a correct manner, no. He went further to do a background check, and he looked at the history they have, as they have been doing business together for some time. All the facts point to a responsible and reasonable approach before and after the weapons sale. However, in circumstances beyond his control the kid ended up dead, even in this case my client had no part in any of what followed. Therefore, I want you to come to the same conclusion as me and see that my client’s profession is like no other profession. This was an accident and my client had no foreseeable foresight that this will happen and pinning this on my client would be unfair. Thank you.”

Pablo remained standing for a while before going to sit down. Rex got up and walked toward the defendant and looked at him.

“Don’t be deceived by the looks or the expensive clothes. Yes, we all admire the defendant. He is the symbol of the American dream but let us not forget that a young life has been abruptly ended. My question is this; who do you blame? Everyone says that they have done what they were supposed to do. Everyone is saying it’s not their fault. So, I ask you, if you were the young kid that died, who do you blame? Maybe let me put it this way. This young boy probably didn’t know what death is. Why? Because his parents never thought that he could be taken away from them in such circumstances. So, do we blame the parents? The defendant is saying that it was not his fault although he admitted the gun used and the rocket propelled grenade was made by his company. So, who do you blame? Everyone is saying it’s the kid’s fault, so it seems. Ladies and gentlemen throughout the court I am going to show you that the defendant although he refused to be accountable and responsible, he is very much accountable from the minute he thought about making the gun until the time he sold the gun and even after he had sold the guns. It is hard for us to apportion blame because history has refused to serve the truth preferring to give immunity and cover the rich and powerful with big pockets with acts that exempts them from being responsible and accountable. Acts that removed the assumed responsibilities.”

“Objections, your honor, the counsel is misleading the jury by assuming facts not in evidence.”

“Overruled!”

Instructed the Judge. Pablo sat down and watched Rex about to tear up Emmanuel. Everyone looked and watched attentively. A few journalists gate-crashed in. The usher looked at the Judge who in turn raised his hand. With everyone seated. Rex shot a quick glance at Emmanuel as if he was going to devour him with his eyes. Emmanuel looked at Pablo who slightly nodded his head as he sat comfortably in his seat.

“Ladies and gentlemen, I am going to show you a series of evidence that will prove that the defendant acted negligently and that failure to foresee the consequences not only is it gross negligence but amounts to manslaughter as well. I argue therefore that the defendant was indeed indirectly responsible for the death of the victim. I give you exhibit one.” Rex walked first to the Judge and then to the jury box and gave them a photo that showed a little boy.

“Objection. Best evidence rule. The counsel is provided evidence not previously submitted. I ask the court’s permission to approach the bench. Can we come forward your honor?” Requested Pablo.

“Counsel to my desk.” Directed the Judge. The two attorneys approached the Judge’s bench for a conference.

“Counsel, can you tell me what is going on?” Requested the Judge.

“This will come clear after the questions your honor.”

“OK, you may proceed but be careful where you are going with this.” Directed the Judge.

“How long have you worked for this company and in what role?” Asked the prosecuting attorney Rex.

“Objection, it is irrelevant your honor.” Argued Pablo.

“Your honor. I want to establish assumed responsibilities and accountability. I also want to clarify the link to the role of the defendant in all this. May I?” Asked Rex.

“Yes, you might proceed.” Agreed the Judge.

Emmanuel looked at Pablo who nodded his head slightly.

“So, what was your role with this company and how long have you worked for the company?”

“I have worked as the CEO for the past seven years.” Replied Emmanuel.

“So, it is also true to say that you were the one responsible for approving most of the decisions and the signing of deals?”

“You can say that,” replied Emmanuel.

“So, it was solely your decision to sell the weapons to these vulnerable poor countries?”

“Objection your honor. Counsel is assuming facts not in evidence,” argued Pablo.

“Counsel be careful, watch where you are going with this,” instructed the Judge.

"I will rephrase your honor. So, if it was your duty to sell the weapons is it also not your duty to make sure that those buying your weapons will use them responsibly and to take every precaution to make sure that they don’t end up in the wrong hands?"

“Objection, your honor, the counsel is provoking the witness.”

“Overruled!” Orders the Judge.

“Let the defendant answer the question.”

“My job is to make sure that the customer complies with the weapons charter but after that I have no control to whose hands the weapons end up into. Yes, it is my duty and I only sell weapons to people who use them as agreed.”

“But is not true also that the same weapons end up in the wrong hands?”

“Objection your honor counsel is leading the defendant.”

“Sustained, counsel can you rephrase your question,” Commanded the Judge.

“You know that. These are serious accusations that can’t be taken lightly. I want to establish that the minute the defendant decided to sell the weapons, there is also the assumed responsibilities to a society which he must consider. He should therefore take reasonable steps to ensure that they won’t fall in the wrong hands.”

Rex stopped and looked at the Judge and then at the jury and then at the members of the public.

“Ladies and gentlemen of the jury, I am here to establish that he defendant ignored his assumed or implied duty to take every precaution to ensure the safety of the deceased. It is his duty and whenever in doubt, to not even sell the weapons.” Rex walked to the defendant and stood next to him.

Everyone waited impatiently. The only noise that could be heard, was that from the corridor outside as they heard a woman coughing.

“Is it not true that you chose profits instead of a duty of care to the victims?”

“Objection, your honor, counsel is assuming facts not in evidence.”

“Overruled. I think this is fundamental to this case. Please answer the question.” Instructed the Judge.

“It’s not true!” Replied Emmanuel.

“So, who had the duty to ensure that no harm befall the victims?”

Emmanuel did not answer the question. Rex paused and looked at the jury and the members of the public.

“Did you sell weapons to a one, Amorini?”

“Yes, I did.” Replied Emmanuel.

“Did you not think that he might have been buying weapons to resell?” Asked Rex.

“I followed the weapons charter and all the regulations. He checked-out. He assured me he was acting on behalf of his client a well-known customer.”

“Was there a chance that profit might have been the main cause driving him to buy guns from you?” Asked Rex.

“That has nothing to do with the issue. Once he passed the vetting process, we have no influence in whatsoever happens after that.”

Everyone started taking in the court only to be silenced by the Judge.

“Silence in court!”

Rex went to his desk and took out two photographs and gave one to the Judge and the other one to the members of the jury.

“Your honor and members of the jury. The defendant chose profits instead of a moral duty to the victims. In the exhibit two, the weapons sold by the defendant ended up in the wrong hands. Resulting in casualties. If the defendant is not responsible, then who is responsible? I ask you? If you were the victim who would you blame?”

Rex looked at the jury and waited for the photo to pass around before he walked to his desk and sat down.

Pablo got up and walked to the jury and took a long breath.

“We all feel sorry for what happened here. No one wants to see a young life ended like that. But ladies and gentlemen if we are to point fingers then society will stop to function as we know it. People die and children die too even in hospitals. Is it the defendant’s duty to ensure that weapons don’t get in the wrong hands? Yes, but how far can he go? He did whatever was reasonably right to ensure that the weapons don’t end up in the wrong hands. He had immunity given to him by the law of this land through the Arms act. Assumed responsibilities ceased after the sale. In war times, children die but has the government ever been dragged to court? These things happen no matter how sad the story is, he can’t be blamed for the death of this young life. No matter how harsh this might sound. He acted within the law.”

Pablo went and touched Emmanuel’s shoulder before walking back to his desk. The court doors instantaneously opened. A young woman entered the court walking nervously.

Rex’s looked at her and smiled. Pablo looked at the young lady first, and then at Rex and soon after at the Judge. Rex quickly opened the envelope and looked inside. All eyes were fixed at him. He quickly went through the documents and smiled. He quickly got up and asked for permission to approach the Judge’s bench. He approached the Judge’s bench. He whispered something to the Judge. The Judge then instructed Pablo to approach the bench. The three of them had a conference. Pablo after the conference did not look very happy. He looked at Emmanuel with a strange face.

“Counsel you may proceed,” commanded the Judge.