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Tokyo High Court rejects some of the evidence used in the second appeal against the former management of TEPCO

Feb. 9, 2022

A trial to hold the former management of Tokyo Electric Power Company (TEPCO) criminally liable. In the second appeal hearing, the court rejected the witness examination and on-site inspection at the Fukushima Daiichi nuclear power plant that the designated lawyer acting as the prosecutor had requested.

Tsunehisa Katsumata, former chairman of TEPCO, who was the top management of TEPCO at the time of the nuclear accident, and three other members of the former management team, were charged with manslaughter and forced to stand trial for allegedly failing to take countermeasures against the tsunami at the Fukushima Daiichi Nuclear Power Plant and causing the death of a patient at a nearby hospital due to evacuation.

The Tokyo District Court in the first trial acquitted them, saying that they could not have foreseen the tsunami, and the designated lawyer acting as the prosecutor appealed.

In the first trial of the appeal held last November, the court’s decision was closely watched, as the court demanded the adoption of documents and witness interviews of experts to support the reliability of the government’s earthquake assessment.

Ms. Riko Muto, head of the Fukushima Nuclear Power Plant Appeal Team, said, “I trust the conscience of the court to find out why the nuclear accident occurred, why it could not have been prevented, and who is responsible for this.

The second trial was held on the 9th. The presiding judge of the Tokyo High Court, Keisuke Hosoda, adopted as evidence the documents submitted by the designated lawyer acting as the prosecutor.

On the other hand, he dismissed as “unnecessary” the questioning of three witnesses, including experts involved in the formulation of the government’s earthquake assessment, and refused to conduct on-site inspections at the Fukushima Daiichi Nuclear Power Plant and other facilities.

Hiroyuki Kawai, lawyer for the Fukushima Nuclear Power Plant Lawsuit Group: “I feel disappointed. I didn’t see the slightest sign of a desire to determine the responsibility of the defendants for causing the biggest pollution incident in Japan’s history.

https://www.fnn.jp/articles/-/312956?fbclid=IwAR3apfFAsoUgzewfK2kYfie_15QZKU1JKbKOROrVUdGaJcmSBkmkR93p_kw

February 10, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

Criminal case of the three TEPCO former executives in appeal

A trial in which three former executives of Tokyo Electric Power Company (TEPCO) were forcibly prosecuted by a resolution of the Public Prosecutors Examination Council for failing to prevent the accident at the Fukushima Daiichi Nuclear Power Plant.


This is a detailed record of the second trial.

The second trial of TEPCO’s forced prosecution began, with the former management once again claiming innocence.

The second trial of the three former executives of Tokyo Electric Power Company (TEPCO), who were forcibly prosecuted over the accident at the Fukushima Daiichi Nuclear Power Plant and acquitted in the first trial, began, with the former executives once again claiming their innocence.

Tsunehisa Katsumata, 81, former chairman of TEPCO, Ichiro Takekuro, 75, former vice president of TEPCO, and Sakae Mutoh, 71, former vice president of TEPCO, were indicted for involuntary manslaughter by a resolution of the Public Prosecutors Examination Council for causing the deaths of 44 people, including hospitalized patients in Fukushima Prefecture, during the evacuation process from the nuclear power plant accident.

The Tokyo District Court in the first trial acquitted all three defendants in September 2019, saying that there was no way they could have foreseen the huge tsunami.

The second trial began at the Tokyo High Court on April 2, 2021, and the designated lawyer stated that the first trial decision was wrong because it forcibly denied the reliability of the “long-term assessment,” which is the basic premise of the national government’s view on tsunamis, and argued that the three had a duty to build a seawall and take measures to prevent flooding of buildings.

On the other hand, the lawyer for the former management team reiterated their not guilty plea, saying, “The measures to prevent a huge tsunami were massive and took a long time, and even if they had started before the nuclear accident, they would not have been ready in time.

The next hearing will be held in February 2022, and it will be decided whether or not the judge will conduct an on-site inspection of the plant, as requested by the designated lawyer.
A representative of the victims and their families said, “The focus is on whether the court will conduct an on-site inspection of the plant.

Yuichi Kaito, a lawyer who represented the victims and their families at the hearing, held a press conference and said, “The biggest focus of the second trial is whether the court will conduct an on-site inspection of the plant. Although the court did not make a decision today, I hope that this is an indication of the court’s attitude that it wants to carefully consider the issue. If they do, I think it will increase the possibility that the not guilty verdict of the first trial will be reviewed.


Survivors: “Not guilty is impossible

The father of Hisao Sato, 62, of Fukushima Prefecture, was unable to evacuate from Futaba Hospital in Okuma Town, where he had been hospitalized, after the nuclear accident, and remained there with medical staff and died three days later.

Regarding the fact that the three former executives of TEPCO have once again claimed their innocence, Mr. Sato said, “I couldn’t go and pick up the people who were left behind even if I wanted to because the nuclear power plant exploded. There were tears around the eyes of his father, and I believe he suffered and died. Tokyo Electric Power Company (TEPCO) is absolutely responsible, and there is no way they are innocent.
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February 9, 2022 Posted by | Fuk 2022 | , , , | Leave a comment

Criminal trial of Fukushima nuclear power plant to reach climax at high court on Feb. 9; adoption or rejection of on-site inspection and other measures key

Feb. 7, 2022
The trial to hold former executives of Tokyo Electric Power Company (TEPCO) criminally responsible for the accident at the Fukushima Daiichi Nuclear Power Plant is reaching a climax in the appeals court. The second trial, to be held at the Tokyo High Court on February 9 at 2:00 p.m., is expected to determine the future course of the trial, according to the designated lawyer acting as the prosecutor and a criminal litigation support group. The reason is that the presiding judge, Keisuke Hosoda, will decide whether to accept or reject (1) the on-site inspection at the nuclear power plant site and (2) the examination of three experts.

The court’s decision was based on the “common sense of citizens” that “it is only natural that a ‘high degree of caution’ should be imposed on the managers of nuclear power plants. (Photo: Masakazu Honda) In front of the Tokyo High Court on January 21, an “explanatory banner” was created based on the “common sense of citizens. (Photo by Masakazu Honda)

Since mid-January, a group of residents who have sued and accused TEPCO executives, criminal lawsuit supporters, and lawyers have held a series of press conferences and meetings to explain the current status of the trial, and on January 21, they submitted a list of signatures in front of the Tokyo High Court demanding a fair trial.

　There are about 30 class-action lawsuits across the country seeking damages from TEPCO and the government as civil liability for the Fukushima nuclear accident, with more than 12,000 plaintiffs in total. The total number of plaintiffs is over 12,000. Including individual lawsuits, there are more than 400 cases, but this is the only case in which criminal liability has been sought.

　In June 2012, the Fukushima Nuclear Power Plant Complaint Group filed a complaint against TEPCO executives and government officials. In June 2012, a group of Fukushima nuclear power plant complainants filed a complaint against TEPCO executives and government officials, and prosecutors repeatedly dropped the case. After the prosecutors’ panel twice voted that the case was worth prosecuting, former TEPCO chairman Tsunehisa Katsumata and former vice presidents Ichiro Takekuro and Sakae Mutoh were indicted for manslaughter, and their trial has been ongoing since June 2005. The prosecution alleged that the defendants failed to take protective measures and shut down the reactors when they could have foreseen the possibility of flooding of the buildings, loss of power supply, and explosion due to a tsunami exceeding 10 meters in height, which is the height of the site of the plant.

　The Tokyo District Court (presiding Judge Kenichi Nagabuchi) acquitted all three defendants in September 2007, but Yuichi Kaito, a lawyer with the Criminal Litigation Support Lawyers Association, and others pointed out the “biggest and most fundamental error” in the original verdict. The lawyers for the criminal case, including Yuichi Kaido, claimed that the “biggest and most fundamental error” in the original ruling was that the government’s Headquarters for Earthquake Research Promotion (SUIBON) stated that “there was no foreseeable possibility of a tsunami exceeding 10 meters” without properly judging the reliability of the “long-term assessment” released in July 2002. In response to the long-term assessment, which predicted that a tsunami earthquake of magnitude 8.2 could occur anywhere along the Japan Trench from off the coast of Sanriku to off the coast of Boso, the court only ruled whether the plant should be shut down, and did not examine the “foreseeability appropriate for imposing the obligation to avoid the consequences of building seawalls and making facilities watertight. The report criticizes the government for not examining the “foreseeability that is appropriate for imposing the obligation to avoid the consequences of building seawalls and making facilities watertight.

The designated attorneys reiterated the necessity of on-site inspections in the appeals court. It is obvious at the site that the facilities of the Fukushima Daiichi Nuclear Power Plant were built on the ground where a high quay was dug into the sea, and it is easy to understand where a tsunami barrier should have been installed and where watertight construction should have been carried out. It should be.

　Three witnesses have been called: Atsuo Watanabe, a former nuclear power plant design engineer at Toshiba Corporation, to provide additional evidence on the specifics of the measures taken to avoid the consequences of submerging the facility and their feasibility; Nobuo Hamada, a former director of the Earthquake and Volcano Division at the Japan Meteorological Agency, and Kunihiko Shimazaki, chairman of the Long-Term Assessment Department at SUIMOTO, to prove the reliability of the long-term assessment.

　Takashi Soeda, a science journalist, said, “There are many things that would have been buried in the dark without the criminal trial. (1) Based on surveys of past tsunami deposits, it was possible to predict a tsunami as large as the 869 Teikan earthquake, and Tohoku Electric Power Co. and other companies besides TEPCO had been working on tsunami countermeasures. (2) TEPCO and its employees agreed that a 15.7-meter tsunami was inevitable, but senior management prioritized avoiding management risk over avoiding accident risk and delayed tsunami countermeasures (3) In order to delay countermeasures, Sakae Muto asked the Japan Society of Civil Engineers (3) Mr. Sakae Muto had instructed the Japan Society of Civil Engineers to delay the countermeasures by stalling for time and laying the groundwork for experts to discuss the matter.

　One of the victims, Ruiko Muto, a resident of Tamura City, Fukushima Prefecture, said, “If the district court’s decision is confirmed as it is, it would be extremely unjust. Ten years have passed since the accident, and in Fukushima there is no justice at all. We must not leave this kind of society to future generations. I hope the court will show justice.
http://www.kinyobi.co.jp/kinyobinews/2022/02/07/antena-1067/?fbclid=IwAR1x4Hq2ILZ432ZlOn6MVRjkDvOKbjq7QFw9PGIB48Jcg6PlB8X_wTHfyGA

February 9, 2022 Posted by | Fuk 2022 | , , , | Leave a comment