CMDR M.E. Leveson-Scott .II
Level 3 - Restricted
CASE FILE: #LSM1872; Investigating officer's closing statement
INVESTIGATION: Gather actionable intelligence from Junayd infiltrator; designation Observer 93108 in liaison with SFC representative
STATUS: Closed, unresolved
SUMMARY: As the final appendix to the stated case file; herein lies the investigating officer's closing statement and final summations. Despite previous reports concluding promising results from the conducted interviews with the prisoner, it is this officer's final action to mark the case file as unresolved after conducting a procedural followup investigation into extraneous changes in investigation circumstances.
On Command authority, an interview was conducted with the prisoner for which the SFI representative was not present; this yielded a cooperative new direction in which the prisoner openly and willingly provided requested assistance to SFC officers - namely establishing contact with the Junayd - offset against a request for protective custody, under the firm assertion that in the event contact was established, the Junayd would insist on removing her from Starfleet custody for summary execution owing to mission's completion. The composed message yielded the desired results and a short time after broadcasting, a Junayd vessel approached deep space station K-7 following SFC's instructions for establishing contact with named parties. The predicted request for prisoner transfer was enforced by aggressive action from the Junayd (namely setting their ship on a collision course with K-7), and subsequently the transfer was agreed upon prior to the prompt self-destruct of the vessel once they had taken custody of Observer 93108.
As stated; this direct violation of an open investigation - in the removal of it's core asset - was subsequently investigated and although the order was initially regarded as being concurrent with General Order 8, the potential violation of General Orders 9 & 25 as well as subtext within GO8 itself required a more thorough investigation into the conduct of RADM Konieczko as the officer on who's order said action was carried out.
This investigation found evidence in the transcripts of said events, that the order was executed under widespread objection and - confirmed upon interview with the Admiral - in disregard of presented alternatives. Further to this; testimony from the Admiral's interview indicates a lack of awareness as to the agreement entered upon by the SFC investigating officer, however this is contradicted by testimony in the associated AAR's. As part of the followup investigation to establish circumstances and psychology surrounding what was suspected may be perceived as a questionable decision; this officer reviewed historical accounts of comparable circumstances for the Admiral in support of decision-making processes. What was found however only brought to light a more concerning repeated pattern in which the failure to properly account for all pertaining factors has consistently resulted in the loss of sentient-life.
This began with a review of the conflict with the Azedi & Junayd which saw an unprecedented loss of life aboard DS13, where the Admiral's order - again under protest - to engage in hostilities against the Junayd may (in purely retrospective review against unverifiable testimony from Observer 93108) have been directly responsible for the Junayd's subsequent hostile action towards Starfleet assets. In light of the documented protests to this order from fellow Command officers (most notably that of CAPT Thiessen), and in light of evidence gathered during the course of this investigation; the possibility of a PD breach here can not be satisfactorily ruled out given that direct action was taken to alter the course of what is seemingly an internal affair outside of Federation jurisdiction, regardless of proximity to Federation assets, and which ultimately directed said hostilities at said Federation assets. Further historical examples were found baring similarity to these events where the Admiral's orders have come under direct objection and - by the Admiral's own testimony - often the subject of later JAG review, however it is this officer's present concern that cases being addressed individually (if at all, unable to very in all cases) are failing to note the consistency which has been observed throughout the course of this investigation.
Given the nature of these findings; consultation was sought with the SFC investigating officer - as one most familiar with the specifics of the case at hand, and a more seasoned Command officer - whereupon the gathered evidence was reviewed and the determination reached that an informal review of the findings with the Admiral would be the most prudent course of action. The agreed upon meeting took place with the goal of ascertaining the Admiral's justification for said actions within satisfactory criteria that could be submitted in this closing statement. Unfortunately, the testimony failed to meet this criteria against all key points and further contradicted documented evidence which left this officer with the duty-bound obligation to seek immediate JAG support under unaddressed concern over the Admiral's ability to effect command decisions.
RECOMMENDATION: With Observer 93108 no longer in Federation custody, it is this officer's judgement that the case can no longer be progressed within the initial context. Given that the primary source of ongoing and future intelligence was removed, there is no further investigation to be conducted. Acknowledgement is granted that the later returned Cadet R. Tierno (XF-649-2154 VBK) testifies to possessing conscious memory from Observer 93108 and there is a theoretical continued source of intelligence relevant to this case; it is not deemed as actionable at this time given the unverified integrity of any such intelligence and the presently unknown effect such forced recollection may have on a Starfleet officer.
With questions of conduct pertaining to one RADM Konieczko (SF-867-135 HJJ), case notes (including this closing summary) have been transferred to the local JAG office pending a full investigation. In conclusion from this officers interview with the Admiral; it is acknowledged that he is an intelligent and capable officer who has consistently acted within his own best judgement to the utmost adherence of Starfleet regulations. It is also noted however that evidence suggests an underlying failure to comprehend and/or consider the sanctity of sentient life in decision-making processes, and that contradictory testimony may be indicative of self-preservation efforts and a conscious attempt to mislead this investigation. Without sufficient evidence to the contrary arising from the followup investigation; it is this officer's assessment that the Admiral presents a danger to his own position and those under his duty of care, if he is either i) not provided sufficient support in addressing the recorded actions should the JAG investigation find insufficient evidence to counter that found during this investigation, or ii) investigated to the satisfaction of Command authority and deemed fit for duty by the JAG investigation.