Monday, January 18, 2016
Judgment was rendered at the state compensation suit for Mr. Suraj’s case in High Court
The judgment was rendered at the state compensation suit for Mr. Suraj’s in Tokyo High Court on January 18, 2016. This time, admission tickets were distributed and the public gallery was full.
The chief judge gave judgment that the original judgment should be reversed and the claim by the plaintiff at the first trial should be dismissed.
The reasons for the judgment were as follows:
At the process of Mr. Suraj’s death, he had already fainted before his body was forced to bend forward, which fact the plaintiff saw as a problem.
As for the cause of his death, there are no clear findings that imply suffocation, and on the contrary, the CTAVN had become significantly big in Mr. Suraj’s heart, which must have affected his health. As the diagnosis the six doctors (who were appointed by the defendant) gave, the cause of death was fatal arrhythmia caused by the CTAVN.
As for the illegality against the State Redress Law, the restraining acts by the officials were reasonable, and even if the stress given by the restraining acts caused the CTAVN disorders, the officials couldn’t have predicted it. Therefore, the restraining act was not illegal.
As regards the responsibility for the emergency treatment, a death by the CTAVN cannot be saved by AEDs, so even if the officials neglected the responsibility, there have been no casual relations with Mr. Suraj’s death.
As mentioned above, the rulings we have won in the District Court were all reversed, and based on the written documents by the famous doctors who were requested by the state regardless to expense (some of them didn’t even know the name of CTAVN exactly), the High Court judged that Mr. Suraj had already died before the officials restrained him for a rare disease called CTAVN, and it was impossible for the officials to predict it and it was also difficult to save his life, so they have no fault.
Protests from the public gallery were heard even after the court was dismissed, like: “We didn’t come here to hear such judgment!”, “I can’t believe such a judgment!”, “What an inhuman judgment!”
The above was just a quick report.