Friday, February 23, 2018

#21 Do babies have litigation ability?

Our father's appeal was turned down on March 27, 2006 on the basis of "expert opinion" written by Dr. Nishiyama, the expert witness for the Court, claiming that he is not in a stupor but normal, as long as he "holds or eats things".

As We previously wrote, it is illegal for the Court to handle the document prepared by Dr. Nishiyama as a formal "expert opinion" as he ignored the legal procedure and is not qualified as an expert witness.  However, as the Court took the initiative in violating the Constitution and laws in our father's trial, Dr. Nishiyama's "expert opinion" was treated as the expert opinion.

The court deliberately ignored more than 10 opinions on our father's mental condition as well as objections to Nishiyama's expert opinion written by six psychiatrists to whom the defense attorneys requested diagnosis.  We don't know much in detail, but the psychiatrists who accepted the request of the defense attorneys were all experienced with formal psychiatric evaluation for courts and very renowned doctors, including the teacher of Dr. Nishiyama as previously mentioned.

Our father is a target of criticism in society, and there is no need for these six psychiatrists to fabricate facts for him.  On the other hand, Dr. Nishiyama performed his evaluation under pressure from the Court, nation and society, and might have had no choice but to fabricate the expert opinion.

It is hard for us to understand the claim stating that there is litigation capacity if one can "hold or eat things."  Infants can hold or eat things.  Does it mean that they have the litigation capacity?  If you talk to a baby,

"The defendant went to ○○ in ○○ City of ○○ Prefecture on ○○ ○○, ○○….."

The baby would only say "baboo?"  Our father cannot even say "baboo?"

Moreover, our father is an adult over 50 years old, not an infant.  It is hard to believe that an adult who cannot even say "baboo?" has litigation capacity.

2 comments:

  1. Pardon my interruption, but I would like to offer my assistance if it is appropriate to do so. If I am not mistaken you are Matsumoto's (Asahara') third daughter, yes? When I found this blog it was not immediately obvious so I checked your Japanese blog and found the 2015 update.

    There are people here on the American internet who would be very interested in hearing your story. Americans are largely unaware of the Aum Incident, but the ones who are lament the lack of information and their inability to learn more. At this time most Americans do not know about you and your siblings, your relationship with your father, what Kamikuishiki was really like, or many other details that are very important to you.

    I am young woman living in America who studies relevant subjects with a focus on Aum, Aleph, etc. If you would like I can assist you with translations, editing, design, and things of that nature. I can also attempt to direct more readers to this blog by helping you with things such as Search Engine Optimization.

    If this is a thing you would be interested in I can reach out to you on twitter or facebook. I do not want to make you uncomfortable so I will wait for a response before doing so.

    Thank you for your time. Please stay strong.

    - サラ

    ごめん m(_ _)m

    ReplyDelete
    Replies
    1. Thank you for your comment.
      If you do not mind, I'd like to communicate with you by email.
      Could you tell me your e-mail address?
      I made a comment to the approval system. So your comment with e-mail
      address is not open to the public.

      Delete