This isn't a legal system; it's a blog forum. Legal systems impose themselves on non-consenting participants, and therefore are properly subject to procedural and moral restrictions that do not apply to consensual social systems.
Trying to apply the proper restrictions of a legal system to an informal, consensual social system leads to all sorts of weirdly biased results. Another example is the popular notion that "innocent until proven guilty" applies to conversation or personal opinion about a person who is believed to have done something wrongful — at least, when the accused is a member of my tribe, and thus someone who I empathize with.
Below is a message I just got from jackk. Some specifics have been redacted 1) so that we can discuss general policy rather than the details of this specific case 2) because presumption of innocence, just in case there happens to be an innocuous explanation to this.
So... thoughts? I have mod powers, but when I was granted them I was basically just told to use them to fight spam; there was never any discussion of any other policy, and I don't feel like I have the authority to decide on the suitable course of action without consulting the rest of the community.