| SUBMITTED:
Stardate 95151.5
| | FILED BY:
LT Stray, M.
| | SECURITY:
Level 2 - Confidential
| |
LOCATION: Deep Space 13
MISSION: Investigate allegations of misconduct by RDML Konieczko as reported by CMDR Leveson-Scott.
OUTCOME: Investigation completed. See recommendations below.
NARRATIVE: This report will first address the specific proposed infractions from the original allegation, then move on to discuss the overall circumstances in question, and finally examine the claim that a pattern of inappropriate behavior exists.
- On the proposed offense of interference in an open investigation, this investigation has found no grounds for charges. RDML Konieczko, in his capacity as Acting Commander of the Starfleet 38th Fleet, had every authority to 'interfere' with an investigation which was ultimately his responsibility. The officers involved may file protests with fleet command if they wish an objections, but this is not a legal matter.
- On the proposed offense of violation of General Order 1, this investigation has found no grounds for charges. Observer 93108 was in all likelihood a foreign agent who successfully infiltrated a Federation organization and installation. This intrinsically external action definitively removes Prime Directive restrictions for actions directly consequent of that infiltration.
- On the proposed offense of violation of General Order 8, this investigation has found no grounds for charges. RDML Konieczko did fulfill the explicit requirements of the order. The order provides for a commander's discretion in determining the likelihood and necessity of loss of life. RDML Konieczko, by all accounts, did consider these factors and make an informed decision, as was his right and responsibility as the ranking officer present.
- On the proposed offense of violation of General Order 9, this investigation has found no grounds for charges. This order empowers a commander to grant asylum. It does not require it. Further, asylum process was started at the time of the incident and, while a tentative offer may have been extended by another officer, RDML Konieczko could not have been aware of such an offer at the time of the incident.
- On the proposed offense of violation of General Order 25, this investigation has found no grounds for charges. There is no evidence that Observer 93108 was mistreated prior to being returned to her people. Some question remains as to whether RDML Konieczko understood the prisoner's fear of returning, however it has been confirmed that RDML Konieczko was not aware of any offer of asylum that may or may not have been was extended. As there is no requirement for a commander to grant asylum, even upon request, RDML Konieczko has no specific legal or regulatory requirement to continue to detail Observer 93108 over the objection of her people. Her transfer to the Junayd vessel was, in effect, a negotiated prisoner release to a foreign power which RDML Konieczko was within his rights to implement.
- On the proposed offense of incompetence for command, this investigation has found no grounds for charges. RDML Konieczko's physical and psychological evaluations are up to date and none of his actions to date in connection with the incidents mentioned suggest an incapacity for rational or reasoned thought. RDML Konieczko understands his actions, stands by them, and is capable of presenting arguments both for and against his chosen course of action.
- On the proposed offense of criminal disregard for sentient life, this investigation has found no grounds for charges. RDML Konieczko expressed remorse for the loss of life and there is no evidence that his command decision was anything but measured and considered. RDML Konieczko cited, among many other reasons, the protection of lives aboard Deep Space K-7 and the fleet starships present in his reasoning for returning the Junayd observer to her people.
While none of the proposed offenses are worthy of filed criminal charges, the circumstances of this incident are highly disturbing. RDML Konieczko was commanding from a woefully uninformed position that may have led directly to the death of Observer 93108. With the information available to him and the advice of CAPT Aloran, RDML Konieczko may easily have believed, as is typical of a human-centric world-view, that the observer would have
wanted to be returned to her people, rather than face charges of espionage against the Federation by which she was currently detained against her will. As the request for protection was not relayed in time, RDML Konieczko was left with only a single-line ambiguous warning about one possible outcome of turning over the observer. RDML Konieczko's disregard of this counsel in favor of his chosen course of action is equally concerning, but within his prerogative as ranking officer and not in itself grounds for legal action.
Additionally, at the heart of this matter, is the belief that Observer 93108 was a sentient being, entitled to the rights normally afforded to citizens of the Federation. It has not been established that the observer was a wholly separate being from either CDT Rianni Tierno or the Junayd envoy later encountered. It is not a certainty that the Junayd live and die in the same manner and terms as the Federation standard understanding. Therefore, even if RDML Konieczko were certain that the Junayd were requesting her return to terminate her present existence, it may not have been an entirely unreasonable act of cultural understanding to allow the Junayd to do so. In the absence of a clear illegality, this matter is more appropriately adjudicated by Fleet Command or the Federation Diplomatic Corps.
Though this investigation has performed a cursory review of RDML Konieczko's recent service record, the only incident uncovered involving similar allegations was the battle of DS13. It is this officer's view that the circumstances of these two events are sufficiently different in both scope and nature that it would be extremely difficult to prove any link that would indicate malicious intent or negligence. In addition, a previous investigation concluded with a sworn admission of responsibility by VADM Perim which would be detrimental to any prosecution aimed at RDML Konieczko.
TRANSCRIPTS:Spoiler: Deposition: RDML Konieczko, D.Show Recording Begins
<Stray> Lieutenant Stray, JAG Corps, interviewing Rear Admiral Dmitri Konieczko.
<Stray> Admiral, this deposition is to be entered into the official court record in connection with an investigation to determine if charges are to be brought against you.
<Stray> You are required to answer truthfully, to the best of your ability, under penalty of perjury. Do you understand?
<Konieczko> I understand.
<Stray> Very good. Admiral, the primary inquiry revolves around your decision on Stardate 95040... in which you ordered the transfer of a Junayd operative, 'Observer 93108', to a Junayd ship in the proximity of Deep Space K-7. Do you recall this event?
<Konieczko> I do, though at this point it is a little over a month removed. I will attempt to recollect it to the best of my ability.
<Stray> Were you aware, prior to the Junayd arrival, of the message sent on behalf of Captain Quint by Observer 93108 requesting the Junayd make contact with the Federation, which was sent very shortly prior to that arrival?
<Konieczko> I was aware there would be a message, but not what the exact content of it would be.
<Stray> To clarify, sir, you did receive a copy of the message, at the time it was sent. However, receipt of the message by your inbox does not necessarily mean that you have read it. The question is... At the time that the Junayd arrived, were you aware that the message had been sent?
<Konieczko> I was not.
<Stray> and since you were not aware that the message had been sent, were you also unaware of its exact contents?
<Konieczko> That is correct.
<Stray> Were you briefed by Captain Quint as to the content of his conversation with Observer 93108 prior to the Junayd arrival?
<Konieczko> The short answer is no. I'm afraid during the time that Captain Quint requested sending a message, sent it and the Junayd's arrival I was in the same ongoing meeting. I did not receive any additional details from Captain Quint.
Recording Paused
Recording Continues
<Stray> Did you at any time offer, consider, or grant political asylum to Observer 93108?
<Konieczko> I did not.
<Stray> To your knowledge at the time of the Junayd arrival, did Observer 93108 ever request political asylum from the Federation?
<Konieczko> To my knowledge, no.
<Stray> To your knowledge at the time of the Junayd arrival, did any other officer offer, consider, or grant political asylum to Observer 93108?
<Konieczko> To my knowledge at the time, no.
<Stray> In your own words please describe the legal status of Observer 93108 at the time of the Junayd arrival?
<Konieczko> At the time of the arrival of the Junayd, the Observer was being held in the brig aboard Deep Space K-7. To the best of my knowledge at the time I don't believe charges were brought forward, as of that time but she was transferred to the facility on order of Vice Admiral Perim prior to that.
<Stray> Would you say that Observer 93108 was a prisoner in Starfleet custody, then?
<Konieczko> Not a prisoner, no, but detained perhaps.
<Stray> Detained, then. Why was she detained?
<Konieczko> Several months prior, the Observer alerted the Junayd to the presence of Azedi during a conference. This caused the talks to fall apart and ultimately the significant damage to Deep Space 13. The observer was detained following the unauthorized transmissions.
<Stray> So to the best of your knowledge, Observer 93108 was not a citizen of the Federation, nor a member of Starfleet, but rather an operative of the Junayd?
<Konieczko> That is correct.
<Stray> Prior to the Junayd arrival at K-7 did you have any indication Observer 93108 would not wish to be returned to her people, then?
<Konieczko> Prior to the Junayd arrival I was not aware of the Observer's wishes.
<Stray> Prior to the Junayd arrival at K-7, did you have any indication that the Junayd would terminate their operative, upon her return?
<Konieczko> I did not.
<Stray> While the Junayd were present at K-7, they requested the return of their operative. Captain Quint objected. Can you describe your understanding at the time, of the nature of his objection?
<Konieczko> My understanding of Captain Quint's objection at the time was that the Captain himself believed the observer would be killed.
<Stray> Did you have any idea why he believed that?
<Konieczko> The interpretation of the Junayd's choice of words I assumed.
<Stray> The same words that you heard?
<Konieczko> That is correct.
<Stray> But you didn't agree with the Captain's conclusion?
<Stray> ..excuse me, the Captain's apparent conclusion.
<Konieczko> That is correct. I had considered that it could be a possibility, but not that it would be the eventuality.
<Konieczko> Apologies.
<Stray> You mention that you conferred with Captain Aloran, the fleet's senior Judge Advocate at the time. Is that correct?
<Konieczko> That is correct.
<Stray> Did Captain Aloran advise you that you had legal authority to return Observer 93108 to the Junayd?
<Konieczko> His recommendation was that I hand the observer over. I would understand that he would factor that legal authority into his recommendation.
<Stray> Was your decision based solely on placating the Junayd to prevent hostile action?
<Konieczko> No.
<Stray> What other factors did you consider?
<Konieczko> Potential future relations with the Junayd, Azedi and the Federation. The perception of the Federation and the fleet to the Junayd, and the Federation. Sector security. The legality of the situation before me, tactical advantage, the desire to prevent hostile action. There were several others at the time that I'm sure of too. I'm afraid I can't recall them.
<Stray> If you were given the opportunity to make your decision again, armed with your current knowledge and understanding of the situation, would you make the same choice?
<Konieczko> I would and if I can elaborate?
<Stray> Of course.
<Konieczko> Knowing now what I know now, I would do it again as we were able to succesfully get the Cadet Tierno back from the Junayd. The real cadet Tierno. There is no inclination of knowledge that if hostile actions with the Junayd had been taken that we would find the same result of a safe Cadet.
<Stray> Would you say, then, that the death of Observer 93108 was justified?
<Konieczko> I would not.
<Stray> Would you say the death was acceptable, under the circumstances?
<Konieczko> Can you clarify the circumstances, please?
<Stray> In the moment of the event, in which the death of the observer was traded for the end of hostilities and the promise of a future dialog.
<Konieczko> Under those circumstances at the time, I would not.
<Stray> One final question, Admiral. Do you regret the death of Observer 93108?
<Konieczko> "I do."
Recording Ends
Spoiler: Deposition: CAPT Quint, E.Show Recording Begins
<Stray> Lieutenant Stray, JAG Corps, interviewing Captain Emery Quint.
<Stray> Captain, this deposition is to be entered into the official court record in connection with an investigation to determine if charges are to be brought against Rear Admiral Dmitri Konieczko.
<Stray> You are required to answer truthfully, to the best of your ability, under penalty of perjury. Do you understand?
<Quint> I understand yes.
<Stray> Very good. Captain, the primary inquiry revolves around your decision on Stardate 95040... in which Rear Admiral Konieczko ordered the transfer of a Junayd operative, 'Observer 93108', to a Junayd ship in the proximity of Deep Space K-7. Do you recall this event?
<Quint> I do yes.
<Stray> Prior to the Junayd ship's arrival, Observer 93108 sent a message to the Junayd requesting contact, using your LCARS account. Were you aware of this transmission?
<Quint> I was. I opened the COM myself so that she could use it to contact her....As she called them Creators...The Junayd. Per my standing mission at the time.
<Stray> So you would say that you instructed Observer 93108 to send this message?
<Quint> I did. My orders were to find a way or make contact with the Junayd.
<Stray> Did you inform Admiral Konieczko that this message was sent, prior to the Junayd ship's arrival?
<Quint> I had. I had asked for authorisation to proceed before it was sent and he allowed me to make the choice.
<Stray> To clarify, you're saying that you received authorization to send the message, and then you sent it?
<Quint> I did.
<Stray> Did you report to Admiral Konieczko after the message was sent, and prior to the Junayd arrival?
<Quint> Only that the message was sent and that we'd be waiting.
<Stray> Was this report delivered in-person?
<Quint> Via COMs. I had not completed a full detailed report by the time the Junayd arrived.
<Stray> Via real-time comms, or a message to his inbox?
<Quint> Real time.
<Stray> In your report filed later that evening, you stated that in the same conversation in which the message was sent, Observer 93108 expressed a fear for her life if she should be returned to her people. Is this accurate?
<Quint> She did. She expected that they would end her existence because she broke the rules and helped us.
<Stray> Did you report this specific piece of information to Admiral Konieczko prior to the arrival of the Junayd ship?
<Quint> No. That was to be in the report I was working on originally when they arrived.
<Stray> So, to the best of your knowledge, at the time the Junayd arrived, Admiral Konieczko was NOT aware of the Observer's claim that her life would be in danger if she was returned to her people?
<Quint> That is correct. When they arrived they wished to speak with me...as I was the point of contact given. So there wasn't an opportunity as...the situation was in our..or my lap. Once he took Command of the situation I advised as best I could...under the conditions.
<Stray> I see. Captain, your objection in the moment...
<Stray> You said, and I quote, 'Whatever she is, she's a living being. And very much fears death, that will result in being back in their hands'.
<Stray> Is that accurate?
<Quint> Thats correct.
<Stray> The transcript notes that Admiral Konieczko noted your objection after transporting Observer 93108 to the Junayd ship.
<Stray> Did Admiral Konieczko acknowledge this objection in any way that is not noted in the transcript?
<Quint> No, it was verbal via the coms...and repeated that it had been made in his AAR.
<Stray> Based on the response you received, do you believe that Admiral Konieczko understood that you were communicating Observer 93108's fear for her life if she should be returned?
<Quint> I believe that he took what I said into account.
<Quint> His answer gave me no indication of how he recived it..only that he heard and noted what I said.
<Stray> Excuse me, sir, that wasn't the question. Do you believe that Admiral Konieczko understood that you were communicating the Observer's fear for her own safety?
<Quint> I believe he did. I cant speak to if he believed as I did about her being..sentient.
<Quint> But I believe he understood what I had to say and how I meant it.
Recording Ends
RECOMMENDATION: Investigating officer does not recommend any charges be filed against RDML Konieczko at this time. All specifically proposed and potential additional offenses have been either disproven or lack a sufficient basis of evidence for effective prosecution. As noted in the initial description of this investigation, this conclusion is not indicative of RDML Konieczko's guilt or innocence, but rather only that the investigating officer cannot currently recommend moving forward with court martial proceedings.
Much of this case rests within areas of command discretion and interspecies relations. While RDML Konieczko's actions are easily seen as 'wrong' or even 'morally reprehensible' at first glance, the facts present a much more complex situation. It is not the function of the Judge Advocate to evaluate command decisions for correctness or morality, outside of those requirements set forth by Federation law and Starfleet regulations.
The investigating officer strongly recommends that Command evaluate the situation and handle the implications internally. In particular, this investigation would like to draw attention to the following:
• CAPT Quint failed to relay the full details of the situation, leading to RDML Konieczko being ignorant in a crucial moment.
• RDML Konieczko claims to have considered the counsel of CAPT Quint, but overruled it without seeking clarification of a detail that is critically important in hindsight.
• Though after-the-fact evidence casts doubt on the actual fate of Observer 93108 and in fact her very existence, RDML Konieczko was not aware of this development in the moment of his decision. His intention to turn over the Observer to the Junayd while even the possibility of her execution remained, left him and Command
vulnerable to ethical and legal ramifications, only barely avoided in this case by a convergence of mitigating factors and circumstantial uncertainties.
One final note for command to consider is the context of this investigation, itself. An officer breaking chain of command to seek charges against a flag officer is extremely unusual. It represents a fundamental failure of the officer's support structure, including the accused flag officer, to properly address the officer's concerns within the bounds of typical procedure. While evidence does not exist to establish a pattern of improper behavior, the investigating officer
does note a potentially problematic pattern of dissatisfied officers being unable to find resolutions to relatively reasonable concerns with RDML Konieczko.