Ron was grateful that the defendant was not given the choice of a jury trial. She would have been significantly harder to defend, at least according to what Hermione said, and without a bench trial, she would be going to the Wizengamot no matter what the verdict was. Fat chance she'd get even anyone who sympathized with her, and then anyone who'd be willing to sympathize from the jury box. Presently, he had no idea why Flora seemed to prefer a jury trial, other than a desire to see it go to the real court, and he had not the slightest idea why she would want that.
He and Hermione were the only official legal representatives, though Hannah and Terry were allowed to be there in the audience. The Great Hall had been redecorated entirely, the furniture having morphed into more convenient seating. The High Table was more or less the same, with the three Headmasters in the middle, McGonagall functioning as a clerk of court, and other teachers from each school present for legal clarification. Perhaps because of his supposed neutrality in the case, Headmaster Karkaroff was between Snape and Madame Maxine. Guess he could've just sat there first and everyone else worked around him.
For better viewing, the tables had either been vanished or converted into pews, which made it feel oddly like a parochial court to some, though he knew not the difference himself. The defense table was on the judges' right, with the prosecution to their left. In the interest of the remotest idea of fairness, the prosecution would be a pair of students, Megan Jones and an older wizard from Beauxbatons whom Ron did not recognize. As Professor Sprout explained, there had been an invitation for students from either of the injured schools to represent their schools, making the leadership of those schools an uninterested party, and therefore able to act as judge on the matter. The reason there was even a trial at all, when usually Headmasters could simply dismiss students without allowing them to defend themselves, was because of the unprecedented nature of the charge, an attack by a single Beauxbatons, formerly Hogwarts, student on several others, including those from another school. The setting, a Task in the Triwizard Tournament, where all the schools were meant to have equal authority and equal responsibility, complicated matters further.
The prosecution's opening statement was first.
"Headmasters and Headmistress, the scourge of blood purism and the stakes of this trial do not warrant participation from students willing to stand in the way of justice," Megan began. "With it established, however wrongly, that students at this school will act as counsel out of place, we, the discontent, urge the final authorities to either rule unilaterally on the expulsion of the offending student, else hear the arguments and come to the correct conclusion." She paused, taking a look around the courtroom, most likely noticing the expelled Slytherins sitting close to the front. "In that case, rest assured that we shall present evidence more than sufficient to prove the validity of sentencing the defendant." The validity of sentencing her, not her guilt. Never change, fucking wankers.
Hermione was to give the next statement. She had asked him to watch and give her advice if he thought of anything. Prob'ly feels bad about dragging me into it. Well, that and she doesn't think I'd be asking the questions appropriately.
"Headmasters and Headmistress, teachers and students all, the defendant and counsel do not deny the actus reus of using dark magic on a number of students, but no prosecution would be able to establish a mens rea, and for this reason the court will find the defendant not guilty. The defense reserves the right to object to unrelated, external factors that the prosecution may introduce." Her eyes flitted in his direction briefly to see him nodding. Reckon she's not used to public speaking. "Finally, the defendant and counsel would like to thank you, the presiding, for allowing these proceedings in the best interest of justice."
With the plea established in the statement, the prosecution called the first witness by her given name, Leanne.
"I object, sirs and madame; the prosecution personally knows the witness, and the witness is a personal enemy of the defendant," Hermione stated. Snape leaned forward.
"Miss Granger- the defense and the prosecution will remember that every student at Hogwarts School of Witchcraft and Wizardry knows near every other. If two are chosen at random, chances are they... despise each other."
She nodded her head and allowed the questioning to continue. It was something they had hoped would work, Hannah's idea, because cancelling out virtually all the evidence would tilt things in favor of the defense, as Hogwarts had an ancient rule that supported presumption of innocence, of which the late Headmaster was a strong proponent. They had not, however, hinged the case on it.
The first witness for the prosecution essentially told the court and its audience that Flora had attacked them when she heard them voicing their distaste for blood purism and Death Eaters. Megan asked her if she knew whether the defendant was a blood purist or not, and Hermione objected to the irrelevant question, readily sustained by Snape, without contest from the other judges. Counsel for the prosecution smiled and withdrew the question politely.
On the cross, Ron asked the witness if she and the others had any relation to each other, and she said nothing other than a shared animus against blood purism and dark wizards.
"Never met the Beauxbaton's bunch before, then?" he asked. "Just walked up to them and asked them if they liked dark magic or not?"
"I don't know if they usually associate with each other." Damn. Reckon she was ready for something like that.
"Well, be aware that 'least one of the judges knows about their associations, or she can get an idea. Perhaps you'd like to change your answer?"
He received an objection for a leading question and testifying to the judges. Forgot I wasn't supposed to ask a question more than once, or 'least not twice in a row. Gets confusing out in those vagaries.
"My apologies. I don't have any more questions," he concluded.
Over the past few days, Hermione and Terry had been madly studying the law, while Hannah had been collecting facts about the case and he had been protecting the defense's witnesses, including the defendant herself. Oddly enough, Crabbe and Goyle had offered to help, but he remembered they had an interest. 'S prob'ly just pure bloods helping other pure bloods. Can't imagine why they'd care if she's guilty or not.
The prosecution called the next witness, an injured Beauxbatons student.
"Did you know the other victims?" Megan Jones asked, after going over their version of events again. Asking multiple people on the same side is going to get the same result.
"I object," Hermione said, looking up respectfully. "Counsel is testifying to the presiding by stating that the injured students were victims, presupposing mens rea."
"The presiding are not being led astray by the wording of the question, Miss Granger," Snape explained. I wonder when the other two are going to say something. Karkaroff appeared bored, which at least meant he was not wrathful toward Hermione.
"Did you know the other students attacked by the defendant?" the Hufflepuff rephrased. The wizard from the prosecution's table said something in French, presumably the same question, presumably to eliminate any chance of misunderstanding. Lucky there's a French judge, or they'd be passing along secret messages.
"We were friends," the witness answered. "I did not know if the others knew each other. It seemed like they did."
Well, that's the catch there. For us to argue that they decided to attack Flora, they had to know each other ahead of time. Lucky Hannah saw that one coming. During her investigation, she used the color change charm on her hair and skin to make herself look pale, with long, black locks. Not recognizable as herself; not entirely out of place was the general idea for listening in on conversations. It's a damn good thing she can hear well. I mean, not really under the circumstances, but I'm sure Flora is happy about it.
Hermione crossed after the witness was done explaining the same series of events.
"Do you have other friends?" she asked. "As tu des amis- dautres amis?"
"Mademoiselle Granger and... everyone else... will remember to speak in ozer languages only if ze question is exactly the same. I shall not confirm your translations every time." I wonder if she knows my name. Well, she'll find out if I object to something.
"Of course, Madame Headmistress." Turning to look at the witness, he said he had no other friends.
"Objection, that's not what you said in your affi- whatever the statement is," Ron called out, looking down at the length of parchment in front of him. "You said the three of you separated from your other friends that morning. I believe you were-"
"Counsel will direct objections to the presiding," Professor McGonagall reminded him.
"Objection sustained," Madame Maxine muttered. "Do not do it again."
Megan appeared to have an idea, looking around as if someone would see her thoughts. Malfoy might've, unless Hermione wiped that out. I don't remember how far back she went.
Hermione proceeded to ask if he knew anything about the defendant before the incident, and he denied any such knowledge. Couldn't really ask Leanne that. Everyone here knows something about her. She asked if his friends knew anything about Flora, and the question was deemed improper, but she argued that the prosecution had entered their statements into evidence. Looking through their evidence again, Ron picked up the Slytherin witch's wand, which had been found to have helped her cast dark magic. Not much physical evidence, though that's to be expected. Self defense issues usually have about the same evidence as the unjustified side of things.
The Ravenclaw concluded by asking if he or anyone with him had cast magic at her or threatened her.
"No. We had no idea she would attack us."
The inexperience of the respective sides of solicitors turned what might have been a quick trial into one that was dragging through the evening, so the Headmasters agreed on a recess, allowing everyone involved to get back to a mountain of assignments. Bet Snape'll still blame me for letting it pile up if I complain I'm defending one of his old favorites.
He found out from Hannah that their Ravenclaw friends had volunteered to duplicate their work where it was possible, leaving the two of them to 'confer with their client', as Hermione had apparently put it.
"I get the idea that she's seen some lawyer shows," the blonde witch decided.
"That a muggle thing? Never mind, is Mafalda still holed up in the room?"
"I think so. She just kind of does her assignments in there and reads the books the others bring in when she's bored."
Ron frowned. One one hand, he did not like that she lived in fear of the rest of her House, but really she was no different from him and Hannah, if not the other two. It had been more than a year since he had set foot in the Gryffindor dormitory, and the Prefects knew not to bother checking for him, nor had they, by all appearances, brought the matter to the attention of their Head of House.
They found Flora, as expected, in the Headmaster's office with Professor Lupin. I guess it's hard for most students to get in.
"Good day, Miss Abbott. This is Mr. Weasley, then? I knew your father," the wizard started as he strode over for a handshake. The red-haired wizard was somewhat taken aback by the politeness being expressed, but he responded in kind.
"Uh, sorry, can we have a moment with... our client?" Hannah asked. "I mean, unless you have some advice to offer or-"
"I believe I might be of some assistance. I'm very much in support of what you're trying to do. A good friend of mine went to Azkaban for years without so much as a trial." Can't say I'm surprised.
"Do you know something about law?"
"Yes, actually. I was something of a 'good boy' when I was in Hogwarts, usually getting my friends out of trouble rather than partaking in it myself. At one point I had the idea of being a barrister."
"Well, have you looked over the facts of the case?"
"I have, but I expected that your client would refuse to talk to me," he answered, leaning against the unoccupied desk. "She surprised me, though, unless she's lying."
"What did you tell him?" Hannah asked, perhaps not wanting to act like she was not in the room.
"Just what I have told you," Flora answered, tossing her hair as she turned. "The injuries I have inflicted are irrelevant, as they are only felt by mudbloods and blood traitors."
Ron scowled. Bloody Hell, Hermione, she's basically Malfoy with a cunt.
"As you might imagine, this complicates matters," Professor Lupin explained. "No direct examination of her by the prosecution will be allowed, but she would look extraordinarily guilty if we were to keep from questioning her ourselves. At that point, they will be allowed to cross examine."
"What do you recommend?" the Hufflepuff asked.
"Your friend was clever to say the case had nothing to do with blood purism or its opposition, and the views of the defendant are perfectly irrelevant, legally speaking."
"It'll make it look like she might have just done it out of spite, though." There goes any hope we had of keeping them from establishing motive.
"We Slytherins do not attack at random, or as our passions dictate. We also do not attack in such unfavorable numbers," Flora explained. "I am not guilty, and yet there was no crime to commit. I need not defend myself if the judges are of the proper mind."
"Well, no, you don't attack in unfavorable numbers, you only attack when you're sure you're going to win because you're a bunch of cowardly bullies," the Gryffindor accused.
"Call us what you like. Your criticism will be ineffective and the opposing armies will be destroyed. The history of books will regard us as heroic."
"See, you're doing it again!" Ron yelled, reddening. "You're just making it so damn obvious that you don't care about the truth and you don't care about virtue that it makes everyone- pretending- like Malfoy with his stupid protection racket look like idiots." It was the defendant's turn to scowl. "Like, he's out there every day trying to prove that he cares about magical blood. It's not working, but he's claiming to protect all the younger students." She has to know about Mafalda. "So what you're saying is that either he isn't really trying or that he's just pants at it."
"Where has he failed?" Flora asked, raising her eyebrows slightly.
"Mafalda- don't you know what they did to her? They didn't just fail, they did the opposite of what they were supposed to do."
"That witch is of the lowest blood allowable in the great House of Slytherin," she answered, taking on a more condescending tone than before. "Really, she should be grateful that it was likely a pure blood, because if they were to marry, her brood would be of a greater quantum than she."
Ron was grateful Hannah hit her before Lupin threw up a shield charm. Well, 'm only grateful as I didn't have to do it myself.
"It's not advisable to abuse your client," the assistant teacher said through his teeth. Least he's about as angry as everyone else. "...especially not when you know what happens to people who attack her for her views."
"She wouldn't- even remotely, in any way, be justified in doing that!" the red-haired wizard argued, figuring it out as he went. "You can't just use a bone-breaking, flesh burning wave of dark magic if someone hits you, that's completely different! If she sent that kind of thing at Hannah, I'd hit her with a killing curse right then and there."
"Good. You're learning," Professor Lupin said as Flora touched a reddened cheek. "What makes it different? What makes defending yourself justifiable, and where does it stop?"
"It depends on what kind of threat they pose, I guess," he said at length. If the Hufflepuff had different thoughts on the matter, she said nothing. "I can't see why it would matter what kind of spell they use, since they could just be better than you, or there could be more of them, or something else." He thought a moment. "Well, what I'm trying to say is it's not always a duel, and it's not always equals. If a muggle tried to attack me when I was five or something, and for some reason all I could do was a killing curse, I guess I'd have to use that."
"You're getting close to the essential question. What choice do you have? If you are faced with a choice between dying and anything else, the law can't expect you to choose dying," the older wizard explained. "If Flora here, deserving though she might have been, would have died when six people attacked her, she is permitted to use whatever means necessary to survive. Magic affords us a great variety of means to prevent harm to ourselves, including shield charms, stunning spells, and methods of escape. One would think, that given the opportunity, a witch or wizard in danger would be obligated to use something in the neighborhood of the least violent means that would allow him or her to survive. Your task in court, as you attempt to establish the applicability of the self defense exception, is that Flora's response to an assault by six witches and wizards of her age range was within reasonable bounds." He looked back and forth between them before leaving, perhaps to return to his work. "If you have any further questions, I believe you know where to find me. Otherwise, I wish you the best of luck."