The Supreme Court on Friday rejected a damages suit by a woman claiming a police officer shot her father to death during an interrogation, as ruled by a district court, and instead said the man committed suicide.
The No. 2 Petty Bench of the top court upheld a Tokyo High Court ruling in April last year that the 55-year-old man killed himself on Nov. 8, 1997, with a handgun and bullets taken off him when he was arrested the previous month for their possession.
On the night he died, he was being grilled again with the gun and bullets in the interrogation room at the Tobe Police Station in Kanagawa Prefecture.
The family sued, claiming the officer shot him and demanded 9.2 million yen in compensation from the Kanagawa Prefectural Government.
The Yokohama District Court ruled in 2002 the man was accidentally shot by the officer, saying it was impossible for the victim to have loaded the gun, which was in a plastic bag, and fire it in such a short time. The court ordered the prefecture to pay 5 million yen to his family.
The high court rejected the lower court ruling, saying the man was used to handling firearms and could have quickly loaded the gun and shot himself. The court claimed there were also indications that he was thinking of killing himself, including a suicide note.
The family filed a criminal complaint with prosecutors, but they did not file charges.
The local committee for inquest of prosecution determined their decision was wrong and ordered another probe, but, again in November, the prosecutors chose not to indict.
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