Public prosecutors in Kagoshima had sought the death penalty for a 71-year-old man who was accused of murdering and robbing an elderly couple in their home in the city in June 2009. But six lay judges and three professional judges at the Kagoshima District Court acquitted him on Dec. 10, marking the first acquittal in a lay judge trial in which the death penalty had been sought. The trial lasted 40 days — extremely long for a lay judge trial.
The defendant, Mr. Masahiro Shirahama, denied the charges at the time of his arrest, during the interrogations and throughout the trial. He had no alibi. But there were no eye-witnesses and no evidence that linked him to the murder, although his DNA, fingerprints and palm prints were found in the couple's home.
The judges should be praised for correctly giving the defendant the benefit of the doubt, upholding the principle in a criminal trial that no punishment is meted out when there is uncertainty about guilt. The police and prosecution should humbly accept the ruling, which casts strong doubt on their investigation and arguments on the case.
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