Fukuoka High Court February 21, 18:37 on the opening of the drainage gate in Isahaya Bay, Nagasaki Prefecture
In a trial called for by the government to eliminate the effect of the definitive judgment ordering the opening of drainage gates over the reclamation project in Isahaya Bay, Nagasaki Prefecture, the two courts ordered by the Supreme Court to start over began in the Fukuoka High Court . While the State sought again to abolish the decision, the fishermen argued that a settlement was to be settled.
In the Isahaya Bay reclamation project, a ruling ordering the opening of a drainage gate was finalized, but conflicting rulings were also shown, and in September last year, the Supreme Court declared that the government had requested that the final ruling be rendered ineffective. After reversing the judgments of the two courts that granted the court's action, he ordered that the Fukuoka High Court restart the hearing, stating that "there is no reason to invalidate the definitive judgment, and we should exhaust the hearing."
In a rerun trial starting on Wednesday, the state stated, "The final ruling is uncertain, based on expectations that catches will continue to decline, and catches are now turning to increases. In addition, judgments that do not allow gates are accumulated, and enforcing gates is an abuse of rights, "he argued.
Meanwhile, fishermen's lawyers argued that settlement was a great opportunity to reconcile and resolve conflicting interests rather than to continue a legal dispute.
"The Ariake Sea was a treasure sea, but the drainage gate was closed and changed completely. It was believed that the country would fight for many reasons, despite promised to open it. No, I want the judge to understand the ongoing damage to the fishery and have a fair hearing. "
The way of proceeding will be discussed again in the future.
Fishermen's "State claim is incredible"
After the trial, the fishermen held a conference and said that the lawyer, Akio Manaki, said, "The assertion that time has passed is a result of the country's refusing to execute a definitive judgment, and it is incredible. I want to do my best together. "
Country side "Reconciliation is best without opening the gate"
On the other hand, the national side also held a conference, saying that Eiichiro Kitabayashi, Agricultural Land Resources Division Manager of the Ministry of Agriculture, Forestry and Fisheries, said, "It is all about spending time to sort out and replenish the case. Was.
Send-back Trial Settled on Premise of Settlement Talks
In this rerun trial, the government side reported that various measures were taken, including the fact that the catch of time increased due to the passage of time, contrary to the initial forecast, and that another trial during this time did not allow the gates to be opened. He argued that the situation had changed and that he could not respond to the opening.
On the one hand, the fishermen have resolved the problem in a judicial dispute, taking into account the long history of trials being held one after another, and rulings ordering to open gates and conversely rulings not allowing gates to be opened. Has called for a settlement by settlement, saying that it is difficult and timeless.
However, for the talks on reconciliation, the government has stated that it cannot respond to talks on the premise of opening the gates, while the fishermen argue that talks without preconditions should be made. There is a big gap in the posture of the.
In the courts so far, the court has settled on the premise that the gate will not be opened because it is not considered to be practical and effective as a solution, and the settlement is settled in such circumstances Is noticed.