Citizen judge poses 1st question in lay judge trial+

TOKYO, Aug. 4 Kyodo -
The six citizen judges presiding in Japan's first lay judge trial made little
of the opportunity to demonstrate any ''common sentiment'' during the second
day of hearings Tuesday at the Tokyo District Court, with only one of them
asking a question of a witness, the only question to be put by any of the lay
judges.

The court said, meanwhile, it had released from service one of the three
''supplementary'' lay judges, who were selected in case a vacancy occurs among
the six, but gave no further details.
The six lay judges -- five women and one man -- were picked Monday from among
randomly selected eligible voters to try a murder case stemming from a quarrel
between neighbors with three professional judges. Three male supplementary
judges were also selected.
Sources close to the court said the release of one of the reserve judges was
based on a decision that two would be sufficient in court proceedings through
Thursday.
None of the six lay judges had questioned any of the three witnesses throughout
the first day of the trial and on Tuesday morning, but in the afternoon one
female lay judge asked the victim's 37-year-old son about his statement
regarding his mother's character during the investigation.
Presiding Judge Yasuhiro Akiba allowed her to talk to the son, saying, ''Number
4 lay judge, please,'' to protect her identity.
As there was a discrepancy between the son's deposition depicting his mother's
character and his explanations in court, the lay judge asked him how the
content of his deposition could be verified.
He responded, ''Honestly speaking, I don't remember it as I rather lost my head
at that time,'' to which the lay judge said merely, ''Thank you.''
The questions lay judges will ask have been drawing attention, as the new
system aims to reflect more common sentiments during criminal trials, which
have long been dominated by the viewpoints of legal professionals.
Defense lawyers, however, showed dissatisfaction with the development, telling
a press conference following the adjournment Tuesday they wanted to see more
what the citizen judges feel and think about the court proceedings.
''We wanted to see on what points the lay judges are focusing, but we have had
only one such opportunity so far'' as there was only one lay judge who posed a
question, lawyer Shunji Date said.
The lawyers for defendant Katsuyoshi Fujii, 72, also said they did not have
enough time to question witnesses and the defendant, possibly because the court
repeatedly took breaks for the citizen judges.
There were also some periods of time when the professional judges left the
courtroom along with the lay judges for what they called ''arrangements.''
During the second day of the hearing, Fujii indicated he had exchanged angry
words with the victim, a 66-year-old woman of South Korean nationality who was
his neighbor.
As Fujii has admitted to killing the victim in May, the trial is basically
centering on what punishment he deserves.
During the trial so far, the prosecutors have stressed the brutality of crime,
while the defense lawyers have asked for leniency by pointing out that the
victim was also at fault because of her daily behavior as a neighbor.
==Kyodo