Hayashi's lawyers want no attempt at forced confession

Japan Policy & Politics, Dec 14, 1998

WAKAYAMA, Japan, Dec. 9 Kyodo

Lawyers for Masumi Hayashi, who has been charged with murder and attempted murder in the July 25 curry-poisoning in the city of Wakayama, western Japan, said Wednesday they hope the prosecution will not attempt to force a confession from their client. One of the seven attorneys representing Hayashi said, ''From this point on, we request that there be no attempt to force a confession.'' He said he hopes that prosecutors will not resort to unfair or underhand tactics. In Japan, most criminal cases that go to trial do so on the basis of confessions extracted from the defendant while in custody. Four people were killed and 63 were made ill in the Wakayama curry-poisoning case. The attorneys for Hayashi, 37, a former insurance saleswoman, said she denies allegations that she mixed arsenic into the curry served at a local summer festival. Police served Hayashi with a fourth arrest warrant Wednesday. She has been held in custody since Oct. 4 on a series of charges of attempted murder and insurance fraud. Attorneys said they will not ask the court to explain why it allowed the prosecution to continue detaining Hayashi, as no more arrest warrants will be served on her and because they understand the court's reasons for detaining her from the three previous hearings. Chief attorney Tsutomu Kobayashi, commenting on the arrest warrant in the curry-poisoning, said, ''It means the case which was the main goal (of her arrest) has finally begun.'' Asked whether the lawyers have instructed Hayashi to remain silent, Kobayashi said, ''The right to remain silent is an undoubted right recognized by the Constitution, which she chose. We attorneys did not instruct it.''