Board Members Not Guilty

Are board members of a railway company responsible for a severe train accident? The Supreme Court decided that they were not guilty. The Court dismissed an appeal of a designated lawyer acting as prosecutor, who sought responsibility of President or other board members of West Japan Railway Company, JR West, in the derailment in Amagasaki, Hyogo, in 2005, causing 107 of deaths and 562 of injuries. It found that it was impossible for the board members to recognize danger of the railroad.

In the morning of April 25th, 2005, seven-car train on JR Fukuchiyama Line could not pass a curved railroad between the stations of Tsukaguchi and Amagasaki, because of its excessive speed. The train was derailed and crushed on a building aside. The accident was regarded as caused by false governance of the company with severe punishment for mistake of motorman or dense schedule of the trains. Two former Chairmen and a former President of JR West were indicted on a charge of professional negligence resulting deaths and injuries.

The point of decision was whether the board members could foresee the danger of the railroad. The appeal argued that they could have realized the danger and had to have installed automatic train stop system on the train. Supreme Court found that they had a few chances to realize the danger in specific point of railroad, because it was a responsibility of Chief of Railroad Headquarters of JR West. The Chief was indicted in 2009 and was found not guilty in 2012.

It was the first case that a mandatory indictment from Committee for the Inquest of Prosecution was dismissed. Kobe Local Prosecutors Office did not indict the ex-chairmen and ex-president in 2009 with insufficient suspicion. But, CIP decided mandatory indictment, urged by deep regret of the families of a number of victims. However, Kobe Local Court and Osaka High Court decided them not guilty.

The families cannot realize that this is the end of the case. “It is so miserable with finding no responsibility of anyone in such a tragic accident as with over a hundred of deaths and five hundreds of injury,” told a mother of young female victim. While the plaintiffs recognized the difficulty of accusing the board members, the families hoped Supreme Court to make a decision understandable for ordinary people who lost their loved ones.

JR West issued a comment that they recognized heavy responsibility, regardless the result of the trial. Two defendants issued statements with sincere regret. Another one told to the reporters that his regret would not be removed, even though the decision dismissed his responsibility. It is demanded that JR West establish firm system of train safety not to repeat that tragedy.