Japan's Supreme Court on Friday overturned a lower court's acquittal of a man charged with committing a hit-and-run that resulted in the death of a middle school student in 2015, citing his failure to fulfill the duty of care by not aiding the injured teenager.
According to the ruling, Tadamasa Ikeda, 52, hit 15-year-old Mikio Wada with his car in Saku, Nagano Prefecture, central Japan, but instead of helping the boy, he went to a convenience store to buy items to hide the smell of alcohol on his breath.
The court's Second Petty Bench ruled that Ikeda made "an unnecessary purchase and failed to take necessary measures" to help the victim in a timely manner. The Nagano District Court's ruling sentencing him to six months in prison is set to finalize.
The top court concluded that the Tokyo High Court's acquittal "misinterpreted the law and was grossly contrary to justice if not discarded."
The Second Petty Bench interpreted the duty of care as "to stop driving immediately and, depending on the situation at the scene, take necessary measures to provide first aid."
Speaking at a press conference in Tokyo following the verdict, a member of Wada's bereaved family said, "I feel like I can finally take a step forward."
Ikeda was initially given a suspended sentence for violating a law that covers inflicting death or injury by driving a vehicle.
Following the sentence, Wada's parents filed complaint accusing Ikeda of violating the road traffic law by committing a hit-and-run and exceeding the speed limit, although it was dismissed.
But the Committee for the Inquest of Prosecution decided it was inappropriate not to prosecute Ikeda for committing the hit-and-run and he was indicted without arrest in 2022. It was unusual that the same incident to be the subject of three criminal trials.
According to the ruling, the accident took place on the night of March 23, 2015. Ikeda is said to have searched for Wada at the scene but went to the convenience store after being unable to find him. He later returned, found the teenager and applied first aid.
The Nagano District Court's ruling in 2022 found a breach of the duty of care, but the Tokyo High Court's ruling in 2023 acquitted Ikeda on the grounds that he had only stopped at a convenience store for a little over a minute.
© KYODO
3 Comments
Login to comment
Speed
Oh, wow. Justice being served. Imagine that.
BertieWooster
2015? 10 years ago? Why is justice so slooooow in Japan?
OssanAmerica
For a hit and run resulting in death with DUI...acquittal. Sometimes Japan's justice system simply boggles the mind.