Tokyo (VNA) – Tokyo prosecutors have decided not to ask the supremecourt to review a case involving a 9-year-old Vietnamese girl, who was killedin Chiba prefecture in 2017.
This eliminates the possibility that the defendant will receive a death sentence,as a legal provision stipulates that a defendant cannot receive a heaviersentence than the one handed down by the high court, if prosecutors do notappeal, NHK reported.
A Japanese court on March 23 upheld a life sentence for Yasumasa Shibuya overthe murder of Le Thi Nhat Linh.
Prosecutors and the victim’s family had sought the death penalty for Shibuya.
The Tokyo High Court rejected an appeal by Shibuya, the 49-year-old former headof a parent’s group at Mutsumi Daini Elementary School in Matsudo, Chiba prefecture,over the murder of Linh who was a third-grader at the school.
It also rejected the defense claim that DNA evidence used to convict him shouldbe excluded as it was collected through illegal means, reported Kyodo News.
According to the Chiba District Court ruling in July 2018, Shibuya abductedLinh while she was on her way to school on March 24, 2017. Her body was foundnear a drainage ditch in the city of Abiko, Chiba Prefecture, two days later.
The district court sentenced Shibuya to life in prison on the basis that hisDNA was found on the victim's body, while blood found in his car contained thegirl's DNA.
But in an appeal trial that began in September 2019, the defence team arguedcigarette butts used for DNA profiling should have been inadmissible as theywere obtained without a search warrant from a garbage collection site at thecondo where Shibuya lived.
They asked that the sentence be quashed and Shibuya acquitted.
Prosecutors had countered that the investigation method was legal as thecigarette butts had been discarded and were found among the defendant's garbageat an unlocked collection site.
The victim's father, Le Anh Hao, said he now has no idea what he can do for hisdaughter. He added that the four years he has spent fighting in the courts havebecome meaningless./.
This eliminates the possibility that the defendant will receive a death sentence,as a legal provision stipulates that a defendant cannot receive a heaviersentence than the one handed down by the high court, if prosecutors do notappeal, NHK reported.
A Japanese court on March 23 upheld a life sentence for Yasumasa Shibuya overthe murder of Le Thi Nhat Linh.
Prosecutors and the victim’s family had sought the death penalty for Shibuya.
The Tokyo High Court rejected an appeal by Shibuya, the 49-year-old former headof a parent’s group at Mutsumi Daini Elementary School in Matsudo, Chiba prefecture,over the murder of Linh who was a third-grader at the school.
It also rejected the defense claim that DNA evidence used to convict him shouldbe excluded as it was collected through illegal means, reported Kyodo News.
According to the Chiba District Court ruling in July 2018, Shibuya abductedLinh while she was on her way to school on March 24, 2017. Her body was foundnear a drainage ditch in the city of Abiko, Chiba Prefecture, two days later.
The district court sentenced Shibuya to life in prison on the basis that hisDNA was found on the victim's body, while blood found in his car contained thegirl's DNA.
But in an appeal trial that began in September 2019, the defence team arguedcigarette butts used for DNA profiling should have been inadmissible as theywere obtained without a search warrant from a garbage collection site at thecondo where Shibuya lived.
They asked that the sentence be quashed and Shibuya acquitted.
Prosecutors had countered that the investigation method was legal as thecigarette butts had been discarded and were found among the defendant's garbageat an unlocked collection site.
The victim's father, Le Anh Hao, said he now has no idea what he can do for hisdaughter. He added that the four years he has spent fighting in the courts havebecome meaningless./.
VNA