<div class="gmail_quote"><p>J@pan Inc Newsletter<br>
The '<span class="il">JIN</span>' J@pan Inc Newsletter<br>
A weekly opinion piece on social, economic and political trends in Japan.<br>
Issue No. 507 Wednesday April 22, 2009, Tokyo</p><p>-----------------------------------------------------------<br>
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-----------------------------------------------------------<br><br><br>This week saw another chapter in the death penalty debate in Japan<br>
with the Supreme Court on Tuesday upholding the district court-level<br>
guilty verdict of Masumi Hayashi. The conviction of Hayashi, a 47-year-<br>old former insurance saleswoman, was one of the less clear-cut examples <br>of verdicts within a legal system known for its near 100-percent conviction <br>
rate.<br>
<br>
In 1998, at a summer festival in the city of Wakayama, 4 people died<br>
and 63 others became ill after eating poisoned curry.Wakayama was<br>
charged and later convicted of the crime and sentenced to death on<br>
circumstantial evidence. A clear motive was never clarified within the<br>
courts although, according to a Kyodo News report, prosecutors<br>
insisted she was "infuriated by feeling alienated from housewives in<br>
the neighborhood" when she went to where the curry was being prepared<br>
on the day of the festival.<br>
<br>
Hayashi, has maintained the entire time that she is innocent.<br>
<br>
The court also upheld the conviction of the attempted murder of her<br>
husband and a male acquaintance by, on a separate occasion, giving<br>
them arrowroot gruel, laced with arsenic. The prosecution said on that<br>
occasion, Hayashi had attempted to commit murder in order to obtain<br>
her husband’s insurance money.<br>
<br>
During the different trials, husband Kenji Hayashi, a 63-year-old pest<br>
exterminator, has supported his wife and yesterday spoke out about the<br>
decision.<br>
<br>
Here’s what he said in the Kyodo News report:<br>
<br>"(The Supreme Court ruling) is regrettable because I've been trying to <br>prove her innocence up till today," he said before dressing down the <br>entire criminal justice system. His claims covered the gamut from the <br>
"flawed police investigation" to the "bogus crime scenario cooked up <br>by prosecutors" and the "false conviction" of his wife by all three courts.<br>
<br>
"The Supreme Court only rubber-stamped the rulings of the lower courts<br>
and therefore is outrageous," He said. "I will continue to do my<br>
utmost to support her and never give in."<br>
<br>
Among those who died from the incident were a 10-year-old child and a<br>
16-year-old high school girl. Many still suffer from the after effects<br>
of the poisoning.<br>
<br>
It’s one of the more bizarre and complicated cases to have faced the<br>
nation’s courts over the past decade. The prosecution’s opening<br>
arguments were over 200 pages long and were built around testimony<br>
stating that the arsenic in the curry matched arsenic found at<br>
Hayashi’s house. The previous arsenic poisoning of her husband was<br>
also a major factor.<br>
<br>
The story was jumped on by all the major media outlets and as a result,<br>
about 5000 people attempted to get into the initial trial in May of<br>
1999. (There were only 80 seats available). Also, following media<br>
reports, there were a series of copycat cases that resulted in<br>
fatalities. A man died after drinking a canned drink that contained<br>
cyanide. In another case, a man confessed to trying to poison his<br>
colleagues to draw attention away from his plan to embezzle his<br>
company. A 15-year-old girl also admitted to mailing bottles of lethal<br>
disinfectant which she had labeled as diet drinks, to her teacher and<br>
26 classmates.<br>
<br>
So, now, a decade later, the initial decision has been supported by<br>
the Supreme Court. On its surface the case is ambiguous from both sides<br>
– In the late 1990s Hayashi’s husband was convicted of insurance fraud<br>
and received a short prison term. Had his wife tried to poison him for<br>
insurance before the curry poisoning incident? But if the mass<br>
poisoning at the summer festival had been carried out by Hayashi<br>
simply due to spite directed at some neighborhood housewives, why<br>
would she have laced curry that would then be fed to dozens of<br>
innocents, including children, and how does this relate to previous<br>
insurance fraud schemes? Also, Kenji Hayashi was a pest exterminator<br>
so doesn’t it make sense they would have poisonous chemicals at their<br>
home?<br>
<br>
The facts in this case remain unclear and despite the questionable<br>
treatment of those suspected of crimes at the hands of police, Hayashi<br>
has continually maintained her innocence.<br>
<br>
So under these circumstances, should the death penalty be awarded?<br>
<br>
If you've got any comments you can place them <a href="http://www.japaninc.com/curry_poisoning">here</a>.<br>
<font color="#888888"><br>
Michael Condon<br>
Editor-in-chief<br></font><br>
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<p>-----------------------------------------------------------</p>
<p>-----------------------------------------------------------<br>
Entrepreneur Association of Tokyo - Seminar-Tuesday, May 12th</p>
<p>Speaker: Rob Van Nylen, Group CEO of JCS bvba</p>
<p>Rob Van Nylen's past endeavors have included working with<br>
Euro-Japan Consulting Ltd. to help establish and grow the<br>
Manneken, Belgian waffle shop chain to over 100 locations.</p>
<p>Rob is currently working as Group CEO of JCS bvba which is<br>
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through his distribution company Akoni KK.</p>
<p>Please sign up early while seats are available.</p>
<p>Date/Time: Tuesday, May 12th-Doors open at 6:30<br>
(Seminar starts at 7:00)<br>
Location: The Foreign Correspondents' Club of Japan<br>
Language: English<br>
Website: <a href="http://www.ea-tokyo.com/" title="http://www.ea-tokyo.com">http://www.ea-tokyo.com</a></p>
<p>-----------------------------------------------------------</p>
<p>------------------- ICA Event - May 21 --------------------</p>
<p>Speaker: Tom Garry, Director of Sales Engineering,<br>
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<p>Title: Creating IT flexibility to contain costs, increase<br>
productivity and manage IT architectures</p>
<p>Details: Complete event details at <a href="http://www.icajapan.jp/" title="http://www.icajapan.jp/">http://www.icajapan.jp/</a><br>
(RSVP Required)<br>
Date: Thursday, May 21, 2009<br>
Time: 6:30 Doors open, Buffet Dinner included and cash bar<br>
Cost: 4,000 yen (members), 6,000 yen (non-members)<br>
Open to all-venue is The Foreign Correspondents' Club of Japan</p>
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-----------------------------------------------------------</p><br>
</div>