Security unconstitutional proceedings Takamatsu High Court orders re-trial due to inadequate proceedings September 16 15:17
Regarding the trials filed by the residents of Kochi Prefecture among the class proceedings over security-related laws, the Takamatsu High Court said, "It is illegal because the necessary procedures have not been taken when the judge was replaced in the first trial." And ordered the trial to be redone.
Twenty-nine residents of Kochi Prefecture are seeking compensation from the government for the security-related law that enabled the use of force by the right of collective self-defense, saying that it "violates Article 9 of the Constitution", but the Kochi District Court of the first instance said In March, he dismissed the complaint and appealed, and the hearing continued at the Takamatsu High Court.
However, when two district court judges were replaced in the middle of this trial, it was found that the judgment of the first instance was handed down without recording the procedure called "renewal of argument".
In the judgment on the 16th, Takamatsu High Court Judge Nobuhiro Katada said, "There is no description of'update of the argument'in the record of the first instance, and the judge who was replaced as it is handed down the judgment without knowing the content of the argument. The judgment of the first trial is a violation of the law because the necessary procedures have not been carried out, "he pointed out, revoked the judgment of the district court, and ordered the trial to be restarted.
If this decision is finalized, the Kochi District Court will conduct another trial.