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  • fuckedgaijin ‹ General ‹ F*cked News

Japanese tourist must pay $10,000

Odd news from Japan and all things Japanese around the world.
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Japanese tourist must pay $10,000

Postby Bucky » Fri Jan 11, 2008 2:23 am

A Japanese tourist must pay $10,000 to the family of the friend who was killed when she rolled a car on the Mount Cook Road last week.
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Yoriko Nishio was to make the payment immediately after her sentencing in Christchurch District Court today on a charge of careless driving causing death.
Nishio, 40, is a public servant whose address is given as Akusa, Hyogo, Japan. She is due to fly back to Japan on Saturday.
Judge Noel Walsh ordered her to pay the money as emotional harm reparations to the family of Kenzo Hasegawa, who has three adult children.
Hasegawa's wife has already returned to Japan, when his body was flown there after the January 2 crash.
Nishio pleaded guilty yesterday and was remanded for sentencing today so that an emotional harm reparation report could be prepared. Defence counsel Michael Starling said there were no cultural problems concerning the payment being made.
He said the police accepted that there had been "a low level of carelessness'' in the accident.
Nishio was very concerned about the loss of her good friend, who she had known for five years. They had travelled the world with small groups, doing trekking, and had been trekking in the South Island this summer.
She had been driving at only 50kmh to 60kmh on the Mount Cook Road when she lost control in the shingle and the car rolled once. It rolled over a large rock and while people in the front seat were uninjured, Hasegawa was badly hurt and died soon after on the way to hospital.
Judge Walsh said: ``This was an unforeseen tragedy where you lost control of the vehicle exiting a minor bend, over-corrected and went off the road, with the vehicle rolling once before it came to a stop.''
Apart from the $10,000 emotional harm reparation payment, Nishio was disqualified from driving for a year.
Outside the court, she said through her lawyer that she was very distressed about the accident and the loss of her friend. She would maintain contact with Hasegawa's wife and family.
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Postby Big Booger » Fri Jan 11, 2008 12:30 pm

What the fuck is 10,000 dollars compared to a father, a husband, and probably the breadwinner of that family?... Where is the conviction for "[size=-1]professional negligence resulting in death and injury" and 3-10 years of prison time like she'd get here.. along with a huge fine, and an appropriate amount of jidai for her breaking of wa?
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Postby Spidey » Fri Jan 11, 2008 1:45 pm

What ever happened to a traffic "accident" being just a fucking traffic accident!! Where's the criminal intent in losing control of your car when you're adhering to road regulations!?

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Postby Adhesive » Fri Jan 11, 2008 2:42 pm

Wow, what country is this in? Anyone care to enlighten me on "professional negligence"?
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Postby Greji » Fri Jan 11, 2008 2:43 pm

Big Booger wrote:What the fuck is 10,000 dollars compared to a father, a husband, and probably the breadwinner of that family?... Where is the conviction for "[size=-1]professional negligence resulting in death and injury" and 3-10 years of prison time like she'd get here.. along with a huge fine, and an appropriate amount of jidai for her breaking of wa?
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It kinda sounds like the court took the matter of the Japanese Custom of a Solatium Payment under consideration and used that for the finding.
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Postby Adhesive » Fri Jan 11, 2008 2:51 pm

What's the source of this article? After reading a bit about professional negligence, I'm curious as to how she held herself out as having above average driving skills.
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Postby Big Booger » Fri Jan 11, 2008 3:31 pm

Adhesive wrote:Wow, what country is this in? Anyone care to enlighten me on "professional negligence"?


I am led to believe that this is New Zealand considering:

"...sentencing in Christchurch District Court today on a charge of careless driving causing death."

But who knows for sure.

Boothey,
It certainly sounds like the court basically bent over backward to be sensitive to the manners of Japanese norms in this situation, but had they done a little research she'd be doing time at some gulag south of Mt. Cook. :)

I actually agree with the Spiderpants on this. He's absolutely spot on when it comes to accessing criminality to an accident, that common sense would dictate that an accident is just that.. unless it was due to an action outside what would be reasonable for driving that resulted in the death or injury, there shouldn't be a penalty to pay other than the guilt and trauma from dealing with it on a personal level.

It blows my mind when people go to prison for "killing" children who run out into the middle of a highway and get killed by a car that absolutely cannot take any other action that normal driving to prevent it. I know of noone with those kind of reflexes to actually prevent killing someone who jumps out immediately in front of your car.. or a drunk cyclist who plows through a red light and causes and accident, or any other number of cases where drivers get it up the ass due to stupid laws and a lack of reality based thinking.
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Postby Greji » Fri Jan 11, 2008 4:05 pm

Big Booger wrote:It certainly sounds like the court basically bent over backward to be sensitive to the manners of Japanese norms in this situation, but had they done a little research she'd be doing time at some gulag south of Mt. Cook. :)


I think you're right. Since both parties were Japanese, they may well have said it is more expedient to follow the Japanese custom, hit for that amount and deport her. No more NZ problem.

That's not uncommon in a lot of countries. Solve the problem by deporting it since it had not directly impacted on the country or one of its citizens. Probably not the best result for true justice, but an easy clearing of the docket and on to other cases.
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