Legal Advice: Please Help!

[GuyJean]

I've just received this email from my cousin in the States:

"I wanted to ask your guidance in something that has happened
to a colleague of mine. She has a son who was the recent victim of a brutal attack while in Japan. He is there teaching English and has only been on the Island for two or three months. Apparently the attackers burned part of his body and left him for dead. He is in hospital in dokkio?, and he has no legal council. The police have been trying to get him to settle the matter out of court. Do you have any suggestions on whom to contact for assistance?"

Does anyone know a bilingual lawyer that wouldn't mind challenging the system?

Any help is greatly appreciated.

Sound like he's now one of us... A F*cked Gaijin.

Contact me personally if need be: freedom@tokyodv.com

Thanks,

GJ

[GuyJean]

Here's more info:

"I think the Hospital is Dokkyo?

He and a fellow teacher from Canada were crossing a street when the car pulled up and started honking. They waived the car on and when they did three individuals jumped out and attacked the Canadian?

Reed,the son, ran to get help and when he found none, came back to the scene. His friend was gone but the assailants were still there. They attacked Reed at that point and continued to beat him until he was semi-conscious.

Apparently, the assailants were from a Japenese gang. The police found two of them, but the police are trying to get Reed to settle out of court. The hospital will not release him and they are not allowing any visitors.

He has second degree burns on his legs and back and is recovering slowly. The incident happened over memorial day weekend, which was the 27th of May."

Any help would be gracious..

GJ

[kamome]

Sounds like a job for....Super Steve Bildermann. I think he would be the most knowledgeable F*ed Gaijin on this site when it comes to legal crises in Japan.

[ultragaijin]

I put the story up on the main site, so hopefully more people will see it and help out.

[Steve Bildermann]

He can get good free legal aid if he qualifies and if the police have caught these assholes he can sue for BIG BUCKS *if* he does it right. Finding a lawyer is no problem. The Legal system in Japan is kinda slow but it does work if you know how to proceed. Most local town halls will have a HORITSU SODAN (Legal advice) system. It’s free and they will point him towards the right lawyer.

There is no statute of limitations to civil actions in Japan so first thing is to recover. Get the hospital to document his injuries and sign a SHINSATSUKEN (treatment report) on what injuries have been treated. Always get the names of all the doctors in involved.

Now the thing is to make sure the police get his statement of what happened correctly written down. If he doesn't speak Japanese he can ask for a translator and they will find one. That statement is the single most important document. All criminal and civil actions spring from that. If he fucks that statement up he can't change it later *no* matter what. Japanese courts place tremendous value on written documents and only a small amount on witnesses. I assume there are no witnesses in this case. He should write down his version of what happened and he should *learn* it by heart. Stick to that story and never change it. This is vital.

The police have no power to enforce a settlement. Once he makes it clear to them he want these bastards prosecuted the police must file a report with the prosecutors who will then investigate. Again your police statement is the key.

If you want to contact me privately ok. However if you also keep it here in the forums others may have good advice too.

Japan likes to do things *by the book* which can be f***ing frustrating but if you know that in advance you can use it to your advantage. Don’t fight the system USE IT. Make them follow their own rules and above all be patient but determined. Good luck

[GuyJean]

Kamo, Ultra, Steve,

You, my fellow f*ckees, are my heros! (and I know you've heard this before, Steve

Your advice REALLY helps!... I'll keep you posted on the progress. I've also recommended my cousin join the ranks of a F*cked Gaijin, so he can ask questions directly. Here is another email from him:

"We have called the embassy and they are aware of the situation. Here is the infromation on the hospital and his name;

Reed Christy
c/o Dokkyo Hospital
Tochigi-ken
Mibu Machi
Kita Kobayashi 880"

Thanks again... I'll be back.

GJ

[ultragaijin]

This may or may not be of some help...

Free counseling for foreigners in need

The sessions, for which lawyers, doctors and translators will provide their services, will run about once a month at nine locations in Tokyo until January.

Also posted in this thread:

http://www.fuckedgaijin.com/forums/showthread.php?t=677

[cstaylor]

He can get good free legal aid if he qualifies and if the police have caught these assholes he can sue for BIG BUCKS *if* he does it right.

Get the Japanese court to hang them instead... bastards. I always thought there should be a mushroom effect, where everyone (including parents and children) directly related to the accused gets the noose so there's no lingering genetic damage to society. Maybe that's a bit much...

[cstaylor]

Reed Christy
c/o Dokkyo Hospital
Tochigi-ken
Mibu Machi
Kita Kobayashi 880"

Man, that's hicksville. No wonder the police are trying to get him to settle... it's probably their kids who committed the crime (violence begets violence).

Good luck to him... hope he recovers fully from his wounds. What happened to his friend?

[Steve Bildermann]

I did a bit of further checking today. If these bastards are found guilty of 'bodily injury' He can apply for 'victim’s compensation' from the government.

A panel will access how much damage was done to him and what he lost including missed wages, treatment expenses etc plus a goodly sum for 'mental anguish' It involves a bit of paperwork (what doesn't in Japan) but the Shiyakusho will help fill out the forms. Might be worth looking into

This next comes from personal experience. I know it sounds *really* kooky but he said the attackers were from a Japanese gang. Now does he mean like a punk gang or the HONMONO Yakuza.

*If* indeed these pricks were affiliated with the Yakuza he might actually want to report them to their boss, plead his case saying he was a innocent visitor to Japan and that this was totally unprovoked.

My buddy got his car smashed up by a couple of drunken CHIMPIRA. Of course they weren't insured or anything like that but they did hang out with the local SUMIYOSHI RENGOKAI guys. We went down to their office (yes, gangsters have offices in this country) and asked to see the OYABUN. He turned out to be a rather ordinary looking guy who chained smoked through the entire conversation. He asked a couple of questions about who did it and where it happened and said he would look into it.

Well I thought that was the end to it but f*** me if two weeks later my buddy didn’t get a call from a local lawyer saying that if he sent all his repair bills to him he would get compensation plus some money for his trouble. Nothing was ever said about who or why but the matter was taken care of.

Also, I never saw those kids hanging around again either