Jan. 25
JAPAN:
Death sentence upheld in double murder case
The Supreme Court upheld Tuesday a high court decision sentencing a
69-year-old man to death for murdering 2 people for insurance money.
The top court's No. 3 Petty Bench dismissed an appeal from Yoshio
Yamasaki, a former factory worker, who was given the capital punishment
for murdering a 49-year-old housewife in Miyagi Prefecture, northeastern
Japan, in 1985, and a 48-year-old man in Kagawa Prefecture, southwestern
Japan, in 1990, conspiring with acquaintances and obtaining some 7 million
yen in insurance money.
(source: Kyodo News)
INDONESIA/AUSTRALIA:
Prosecutors seek death penalty for Corby
Prosecutors have confirmed they will use laws which carry the maximum
death penalty for drug trafficking when the trial of Australian Schapelle
Leigh Corby begins in Bali tomorrow.
The 4-page indictment against the 27-year-old beauty therapy student from
the Gold Coast includes three charges relating to drug trafficking and
possession - charges she will defend.
The charges, under Indonesia's tough anti-drugs laws, are made up of a
primary charge and 2 subsidiary charges. The 1st 2, under articles 82 and
81 of the country's narcotics legislation, carry the maximum penalty of
death and are akin to drug trafficking.
Article 82 stipulates that the accused is involved in importing,
exporting, offering for sale, dealing and acting as a broker in regard to
drugs and carries the maximum penalty of death, a life sentence or 20
years in jail with a fine of 1 billion rupiah ($142,364).
The 3rd charge, under article 78, is less severe and is akin to drug
possession, carrying a maximum 10-year jail term and a fine of 400 million
rupiah.
To prove this charge, the prosecution must show that the drugs were under
Ms Corby's control and it is this element that her defence lawyers hope to
be able to negate in court.
They say if they can negate this aspect of the case then the more serious
charges are also negated and she would therefore not face a death penalty.
Ms Corby was arrested last October year at Bali's international airport
with 4.1kg of marijuana in a vacuum-sealed plastic ziplock bag inside her
bodyboard bag.
The bodyboard bag, which was checked in at Brisbane airport for the flight
to Denpasar via Sydney, was unlocked and Ms Corby has consistently
maintained she has no knowledge of the drugs.
It will be incumbent upon the prosecution to show the drugs were under her
control.
(source: The Courier Mail)
CHINA:
Death penalty for one man in slaying of Fukuoka family---But cooperative
cohort gets life from Chinese court
A Chinese man was sentenced to death here Monday and his accomplice got
life in prison after they were found guilty of the 2003 murder of a family
of 4 in Fukuoka Prefecture.
The high-profile case sparked debate in Japan about crimes committed by
Chinese.
The Intermediate People's Court in Liaoyang sentenced Yang Ning, 24, to
death and Wang Liang, 22, to life during a 20-minute morning session.
The court also found them guilty of robbery and theft, and decided to
strip them of their political rights and to seize their personal assets.
Yang's crimes were "atrocious and cruel," and "evidence clearly shows" he
had committed them, the court ruled.
Wang was spared the death sentence because he turned himself in and
cooperated with investigators, according to the court.
Yang told the court he will appeal the ruling, while Wang said he will
not.
A final verdict is expected by the Higher People's Court within six
months. Death sentences in China are often carried out immediately after
the final verdict, and the common method has been a bullet to the back of
the head.
The 2 Chinese, formerly students in Japan, were found guilty of killing
41-year-old clothing dealer Shinjiro Matsumoto, his wife, Chika, 40, their
11-year-old son, Kai, and 8-year-old daughter, Hina.
Shinjiro was strangled with a tie, Chika was drowned in the bathtub where
she was taking a bath, Kai was smothered by a pillow and Hina was
strangled. The handcuffed bodies of the four were pulled from Hakata Bay,
where they had been dumped after being weighed down with dumbbells.
The 2 returned to China soon after the murders made national headlines in
Japan. They were taken into custody by Chinese authorities in August 2003.
Because the 2 countries do not have an extradition treaty, the suspects
were dealt with by Chinese authorities under Chinese laws and charged in
July.
An accused accomplice, Wei Wei, 25, was arrested in Japan and is now
standing trial before the Fukuoka District Court.
Yang and Wang had owned up to the charges in the opening session of their
trial in October. In that session, which was attended by relatives of the
victims, Wang fell on his knees and apologized in tears.
Chinese prosecutors had demanded the two receive "severe punishments,"
noting their acts negatively affected Japan-China ties.
Ryoshichi Umezu, Chika Matsumoto's father, told reporters at his home in
Fukuoka that he "cannot accept" that Wang's life was spared.
"I had thought both of the 2 would be given the death sentence. I cannot
possibly report (the outcome) to the 4 (victims)," Umezu said.
Hidetomo Ueda, Wei's lawyer, said he cannot comment on the Chinese court
decision. Any comparison with his client's trial would be meaningless
because criminal procedures in Japan and China differ, he said.
As they did in the opening session in October, Chinese authorities allowed
members of the Japanese media to attend the court proceedings.
The rare move was widely believed to be aimed at underscoring China'
efforts to curb crime at a time when concern is rising in Japan about
crimes committed by Chinese, which made up about 1/2 of all recorded
criminal cases by non-Japanese offenders from last January to November.
Although the Fukuoka murders received extensive coverage in Japan,
newspaper articles and news broadcasts in China were few.
Dozens of Liaoyang residents gathered outside the courthouse where the
rulings were handed down, but those interviewed said they had not heard
about the slayings.
"I just came because there was a crowd," a 50-year-old resident said. "I
didn't know there was such a case."
The court was initially expected to hand down rulings for the 2 within 15
days of their October trial session.
(source: Japan Times)
***************
China last year registered 1.1 million drug users, an increase of about
90,000, despite the frequent use of the death penalty for trafficking.
The official Xinhua news agency says 70,000 of the new addicts were not
registered until a nationwide anti-drug campaign in 2004.
Although the number of heroin users in China has dropped by 100,000 to
640,00 over the last 13 years, there has been a surge in abuse among young
people addicted to ecstasy, methamphetamines and ketamine.
Chinese law dictates that those selling or producing as little as 50 grams
of heroin could face death.
(source: ABC Radio Australia)
