The Supreme Court has ruled against a former Tottori prefectural assembly member accused of violating the Public Offices Election Act by serving as the campaign manager for a candidate in the House of Representatives election three years ago and distributing documents that had not been reported to the Election Commission. It has been decided that the sentence will be handed down in January.
Although the former lawmaker maintains his innocence, it is expected that he will be found guilty as the necessary arguments to change the verdict have not been held.
Hirotaka Fukuma (82), a former member of the Tottori Prefectural Assembly, ran as a candidate from Tottori's 2nd Ward in the House of Representatives election three years ago, served as the head of the campaign headquarters for Shunji Yubara's camp, who was revived and re-elected through proportional representation, and was appointed to the Election Management Committee. He is charged with violating the Public Offices Election Act for distributing unreported documents.
The former lawmaker maintained his innocence, saying, ``The Public Offices Election Act, which restricts campaign documents, violates the Constitution, which guarantees freedom of expression.'' In April, the court ruled that the Public Offices Election Act does not violate the Constitution, stating that ``the Public Offices Election Act does not prohibit the content of expression itself, but rather regulates the means of campaigning,'' and following the first trial, the court ruled that the Act does not violate the Constitution and was sentenced to a fine of 300,000 yen. The former lawmaker has filed an appeal.
Presiding Judge Mamoru Miura of the Second Petty Bench of the Supreme Court has decided to hand down a verdict on this case on March 8th.
Since the arguments necessary to change the verdict have not been held, it is expected that the former lawmaker will be found guilty, and if confirmed, his civil rights will be suspended for three years.