It was evident from how Pellon was standing that he was really studying Kirk when the four from the Enterprise arrived. Kirk knew, although there had been no mention of it, how he should appear as Czacheck walked on his right and McCoy on his left with Twindell behind him and he acted as though he was just following their lead, that he was still deeply traumatized. There was no mistaking the satisfaction about how Pellon had looked at him, of the nod his gave his officer. All those lessons Spock had given him about controlling his immediate very Human instinct to attack for revenge proved to be very beneficial at that moment.

"If I may speak to the panel it appears that even the efforts of one of Star Fleet's leading specialists have not been able to help Kirk deal with the depths of guilt that killing Mister Spock. It is clear that he is totally unfit to not only to command the Enterprise but to even look after himself. As I have said previously, now that a captain is needed and I have had experience as the captain of a starship I am available for consideration. There is no need to waste the time of having the Enterprise out of action when you have a very qualified captain ready to take command. "

"Doctor Czacheck, what are your findings?"

When Czacheck started McCoy quickly glanced at Kirk without moving his head, "I agree with Captain Pellon," and seeing the momentary very slight flexing of his shoulders, "in that it appears that way." showed that Kirk, like himself, got a feeling that Czacheck was on almost a personal vendetta against Pellon.

The spokesman for the five on the panel looked at Czacheck, "Care to define by that, by it appearing that way?"

"What I mean by that is we have not seen any real physical evidence related to what happened, we have only been told what it appears or is believed to have happened. We have not seen any official reports on the verification that it was Kirk's phaser that was fired, we have not seen any official reports from the Jubliline Five officials with regard to the incident, and," the moment of silence seem to say so much when Czacheck continued, "we have not heard from Captain Pellon as to the reason for transporting Kirk alone from the Dakota to the Enterprise and had not directly transported him directly to the Enterprise when it was obvious he was in no state be alone and either Officer Twindell or myself could have accompanied him."

The five senior officers on the panel looked at one another then the spokesman for the panel looked directly at Pellon, "Well, Captain Pellon, is it true you transported Captain Kirk to the Dakota with you and then alone to the Enterprise?"

"My first thoughts were to get away from the situation as it was clear that something had angered the Jubliline Five officials so I naturally beamed up to my ship and then I knew I had to get Captain Kirk to his."

"That partly answers the question but does not answer what your reasoning was for beaming him alone to the Enterprise. Doctor Czacheck and Officer Twindell,"

"They would have to be beamed back and delay my report to Command. I pride myself on delivering prompt reports, in keeping Command fully advised as to the situation."

"We are all very familiar with the promptness of your reports but is not the health and safety of a fellow officer, a fellow starship captain, of more importance? We did note on your report no mention of Captain Kirk's status. You only mentioned you had transported him to the Enterprise and did not state that he was still deeply shocked and that you sent him alone. You also made no mention of Doctor Czacheck advising you that it was unwise to send him unassisted and that you told him that Kirk would be looked after on his own ship."

"If I am not wrong the standing orders are to return a captain as promptly as possible to his own ship."

"You are missing the word safely in the order. You did return Captain Kirk to his ship promptly but not in a safe manner. He clearly was not in a fit state to be on his own."

"I knew there would be medical,"

"Had you arranged for a medical team to be there awaiting his arrival?"

For the first time Pellon looked away and at his officer then back at the panel, "No, but I knew,"

"Did you confirm his safe arrival on the Enterprise?"

"I, I had to send my report. Command had to know what had happened. Command had to know the situation on Jubliline Five as soon as possible."

"Command also had to know about the condition of all officer of all ships involved as soon as possible to ensure there was a stand-by crew at the ready if necessary. It is the responsibility and duty of the senior officer, the officer in command, to notify Command of such things after guaranteeing the safety and status of vessels and crew involved. You were that senior officer, that officer in command, and you gave no notification as to the status of the ships and the crews. You made no mention of Kirk nor of the status of the two ships. You also never mentioned the phaser he used apart from saying it was Kirk's, we were not given the phaser to run advanced testing on."

McCoy gave the appearance of periodically checking on how Kirk was but he was looking past him and at Pellon who was increasingly shifting on his feet, looking at the floor more often, and he was increasing the pace he was flexing his fingers behind his back. It was difficult not to smile and not to wish he had a scanner. It was clear the man was extremely worried.

"You must know we have been in communication with some of your crew to verify your report. We are to hear from two who asked specifically to be here. They are being beamed down as we speak."

"I, I, I was not informed. As the captain they should have asked me. I am their commanding officer. I will need to talk with them first to find out why they did not inform me of,"

"Captain Pellon, they did not inform you as they were instructed by us not to. They understand the chain of command and know that an order from us takes precedence over that of even their captain. Is there some specific reason why you would want to talk with them first?"

When Pellon was quiet for some time Czacheck looked from him to Kirk to McCoy then back at Pellon before looking at the panel, "If I may know the names of the two officers I can attest to their reliability to answer questions based on how they have reacted to medical examination."

Kirk looked slowly at McCoy without turning his head and saw the same question about the blue eyes. Clearly they both remembered when Czacheck had said what they think is to come.

"One is Engineer Sarah Reynolds and the other is Science Officer Lloyd Daven."

Only because he was really looking at the man did McCoy see the initial bewilderment and uncertainty then a dawning understand and the slow nod, "They are both fine officers of sound mind and very forthright. I have known and worked with both for them for five years."

"Do you believe they will have information of importance to this hearing?"

"I can not say for certain but I do know that they would not ask to be here unless what they have to say is of real importance to this hearing."

The five on the panel almost nodded in unison then looked at Czacheck, "Before he had Captain Kirk transported to the Enterprise did Captain Pellon ask you to or offer you the opportunity to accompany him?"

"No. Captain Pellon told Officer Twindell and myself that he would see that Captain Kirk got safely to the Enterprise and we should go work on our reports to Command. I was assured by Captain Pellon that he would ensure that Captain Kirk made it safely to the Enterprise and I assumed he was going to either escort him himself or have his security officer stay with him. I would not have sent him alone as he was in neither an emotional nor a mental state to be transported on his own."

"Doctor McCoy, do you agree with Doctor Czacheck's belief that Captain Kirk was not in a mental state to be transported on his own?"

McCoy looked at Kirk then at Czacheck before momentarily noticing how Pellon was showing subtle signs of internal stress. He felt a surge of sadistic pleasure flush through him as he saw how uneasy the man was but had it buried under his armor of professionalism when he turned to the panel, "I was present when CaptainKirk was beamed aboard that I agree with Doctor Czacheck that Captain Kirk was in no physical or mental state to be transported on his own. When he arrived on the Enterprise he was in a deep depression, totally unaware of where he was, and kept repeating the word 'no'. It is my opinion that to have transported him in the mental state and physical condition he was in actually put his life at risk."

"While that is their opinion what physical proof is there? What evidence do they have to support that he was not in a mental state to be transported? I did what I, as the commanding officer, thought was the best thing to do. It was and stands as my command decision. What they are putting forth has no physical support. Captain Kirk was in that state because he had just killed not just his First Officer but also a close friend. If he had followed the unwritten rule for captains in any service he would have adhered to the accepted code that senior officers should be friendly towards their crew but not get personally involved with their lives, not to form friendships with them, then he would not be in the state he is in. Had he not allowed himself to become more than the senior officer to his former First Officer he would be emotionally traumatized."

While the others might not have noticed it Kirk saw the slight change in how Pellon stood, heard the slight change in his voice as confidence seemed to slowly return to him.

"What we, as captains, are trained to do is not get involved on a personal level to any depth with our crew as we are the one person who is likely to send them to their death. Captain Kirk is, unfortunately, one who did not hold with that but who is on friendly terms with many of the crew of the Enterprise, but most particularly the bridge crew. I say unfortunately as when he took the necessary action stopping his First Officer from disobeying a direct order he also killed his First Officer who was a very close friend of his. Had he not had the emotional involvement he would not be so deeply effected that he is no longer fit not only to captain a starship but also no longer fit to be in Star Fleet. "

"Ahh, I have been informed that the two officers have arrived." the chairman looked up from the desk and after looking at each of them seemed to settle on looking at Pellon, "There is just one more question, Captain Pellon, before we have them enter. Why did you leave First Officer's body on Jubliline Five and not have it transported aboard as well? There is no report by you of what happened to his body. You do recall it is expected that the body of a fallen senior officer be transported back to their respective ships, do you not?"

"I am aware of that but without knowing what the Jubliline Five intended to do I thought it best just to get the survivors to safety. Doctor Czacheck said he was dead and I saw the Jubliline Five security officers start to move towards us so my first thought was the safety of the living."

Spock stood in the Transporter Room on he Enterprise waiting for the word. Shortly after the two captains, McCoy, and Officer Twindell had beamed down Chekov had arrived at Kirk's quarters, "I have been asked by Mister Scott to take you to the Transporter Room and to ensure that nobody gets in till you return, Sir."

"Chekov and I thought t'was best for ye to wait here. I've got me bairns all set for ye, Mister Spock. Just give me the word when ye ready."

All he could do was nod. For him to have beamed from Kirk's quarters to the room the hearing was taking place in would have required notifying the officials and getting permission and shields lowered to what could be classified as sensitive areas. Clearly Mister Scott and Chekov had permission to beam from the Transporter Room to the transporter alcove by the hearing room but that was usually arranged through official channels when a hearing was being held.

He noticed a small bag Mister Scott was holding out to him, "Can ye give this to the lass operating the transporter at their end? Tis just a dried and framed sprig of Highland Heather I agreed to send in this test transfer, Sir? Ye'll be beamed into a wee alcove in the room the hearing is being held in."

Test transfer. A test transfer required no official notification so. . . He stopped. There, on the face before him, was the truth. The Chief Engineer had engineered this with a bribe and a loophole. Spock nodded as he took the bag, "I will personally hand it to her, Mister Scott." for the instant that their fingers touched as he took the bag Spock wondered if his friend realized that he truly deserved the title of the ship's miracle worker and if the man knew how much he appreciated what he had done for him. He saw Scott nod once and knew that somehow the man did understand and he nodded back before he mounted the platform and stood waiting for the word.

A/N - Thanks for reading. If it stays fine I may get out into the jungle that has taken over my garden and try to plant some vegetable for winter - only hope winter is as much a non-event as our summer was. Take care and enjoy.