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2009-08-04 18:48:19 | Weblog
[TODAY'S TOP STORIES] from [The Japan Times]

[NATIONAL NEWS]
Tuesday, Aug. 4, 2009
First lay judge trial kicks off in Tokyo
Defendant, 72, pleads guilty; Thursday ruling is scheduled

By SETSUKO KAMIYA
Staff writer

The first trial involving lay judges kicked off Monday in the Tokyo District Court with Katsuyoshi Fujii, 72, pleading guilty to murdering his neighbor, Mun Chun Ja, 66, in May.

Before introduction of the lay judge system, which entails six citizens sitting with three professional judges to try serious criminal trials, Japan was the only Group of Eight nation whose public did not participate in criminal trials, according to the Japan Federation of Bar Associations. Japan had a jury system between 1928 and 1943, but only on a limited basis.

Many people remain reluctant to participate in the new system, in which they will have to reach verdicts and hand down sentences, including the death penalty, opinion polls show.

Fujii's trial is scheduled to last three days, followed by closed-door deliberations by the lay and professional judges, who are to decide the verdict based on evidence, and the possible sentence.

The verdict must be decided by a conditional majority vote where at least one professional judge must be included in the majority decision. The ruling is expected Thursday.

At about 1:20 p.m., the three professional judges first entered the courtroom and took their seats, followed by Fujii, who was escorted by guards to his seat next to his lawyers. The presiding judge, Yasuhiro Akiba, ordered them to remove his handcuffs and the rope around his waist.

Once Fujii was seated, two of the professional judges went out again to invite the six lay judges in. Five women and one man entered and took their seats on each side of the professional judges, who wore their traditional gowns. Three alternate lay judges, all men, followed the six lay judges in and sat behind them.

Previously, defendants entered the courtroom after all the judges took their seats. The change in the process was a compromise made by the Justice Ministry after the Japan Federation of Bar Associations argued that seeing defendants in handcuffs could have a negative influence on the lay judges. Defendants also used to sit in front of the lawyers.

According to the indictment, Fujii on May 1 stabbed Mun with a survival knife several times, causing her to die from loss of blood.

Mun was of Korean descent who also went by the name Haruko Bun and whose Japanese name was Chie Kojima.

In their opening statement, the prosecutors used a PowerPoint presentation to argue that Fujii, who had been on bad terms with Mun for a long time, took a knife out of his tool box during a verbal altercation to scare her.

They said Fujii has a criminal record, had a strong intent to kill Mun and chased her around with a knife, shouting he was going to kill her.

The defense, also using PowerPoint, said that although they will not deny that Fujii was the culprit, they will argue that he did not mean to murder her, did not chase her or shout that he was going to kill her.

They added that his previous criminal record had nothing to do with this incident.

Both parties tried to use plain language by elaborating on certain legal jargon. The lay judges appeared to listen intently as they used documents distributed by both parties to follow along with the presentations.

The prosecutors and defense are both expected to introduce four witnesses, including Mun's son.

Earlier in the day, the court selected the lay judges — a process closed to the public to protect their privacy.

According to the court, 47 prospective lay judges showed up at the courthouse in Chiyoda Ward as of 9:10 a.m. out of 49 who were summoned.

The law sets a maximum \100,000 fine for people who fail to show up to be a lay judge candidate on the designated date "without due reasons."

The candidates were given an orientation session. After a DVD presentation explaining what they were expected to do as lay judges, the candidates were briefed on the case by a court official and were asked to respond to a questionnaire asking whether they knew the defendant, the victim or their families, or if any serious hardship prevented them from serving through Thursday.

Afterward, presiding Judge Akiba greeted the candidates. In the presence of the two other judges and the prosecution and defense, Akiba directed a few questions to the group. Three people were asked to be interviewed privately.

After the interview, the judges, prosecutors and lawyers discussed whether any of the candidates should be dismissed due to questions of impartiality. The prosecution and defense are each entitled to excuse up to four people without giving reasons. It was not disclosed Monday how many were actually dismissed.


[NATIONAL NEWS]
Tuesday, Aug. 4, 2009
Furuhashi, legendary swimmer, dead at 80

(Kyodo News) Legendary swimmer and former Japanese Olympic Committee President Hironoshin Furuhashi has died in Rome, where the swimming world championships are being held, a senior Japan Swimming Federation official said Sunday. He was 80.

Furuhashi, nicknamed the "Flying fish of Fujiyama," was discovered dead lying in his hotel room bed Sunday morning. The cause of death was not immediately known.

"After getting the mournful news, I really was completely in shock. I am very upset," said current JOC President Tsunekazu Takeda. "He was a JOC adviser who acted as a looking glass for us and he was the pride of the sports world. He was working tirelessly till the end in our bid to bring the (2016) Olympics to Tokyo."

A national hero who held a number of key posts in the sports world and was honorary president of the Japan Swimming Federation, Furuhashi set world records in the men's 400-meter and 1,500-meter freestyle events at the national championships in 1948.

He set the marks at the same time of the 1948 London Olympics, which Japan was not invited to participate in for its role in World War II.

His world marks eclipsed the winning times at the Olympics by a wide margin, but Furuhashi had to wait until the next year to become a national sensation when he set world records at the U.S. national swimming championships in L.A.

Furuhashi made his first Olympic appearance as the captain of the Japanese delegation at the 1952 Helsinki Games but finished a disappointing eighth place in the 400 freestyle, largely because he had contracted dysentery while attending a training tour to South America in 1950.

The U.S. media nicknamed him the "Flying Fish of Fujiyama." He is believed to have rewritten world records 33 times in his career. In 1990, Furuhashi became JOC president and made a name for himself as one of the most influential sports figures during his five terms at the head of the organization until retiring in 1999.


[NATIONAL NEWS]
Tuesday, Aug. 4, 2009
Woman slain; grandchild wounded

(Kyodo News) A 78-year-old woman died and her 21-year-old granddaughter was in critical condition after being stabbed in their central Tokyo home Monday morning, allegedly by a man who was the granddaughter's customer at an ear-cleaning salon, police said.

The suspect, Koji Hayashi, a 41-year-old company employee from Chiba, was arrested at the scene by Metropolitan Police Department officers who received an emergency call at around 9 a.m. reporting "a fight using knives."

Yoshie Suzuki died shortly after the officers arrived at the home in Nishishimbashi, Minato Ward, near JR Shinbashi Station. Her granddaughter, Miho Ejiri, was not conscious, the officers said.

Hayashi allegedly told investigators there had been "various troubles" between Ejiri and him, and he went to her home to murder her.

Ejiri made an emergency call at around 11 p.m. July 19, saying one of her customers was lurking near her home that day, the investigators said, but it was unconfirmed whether the call was about Hayashi.

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