This incident of turning the defendant Asahara out of the courtroom had a large coverage in the press, so you are sure to remember it.
It took place soon after the beginning of hearings about the sarin gassing incident in the subway, at the 14th sitting of the court, to be exact. This case was a good illustration of the way the court sittings at Asahara’s trial had been held for eight years. A year and eight months after the incident in the subway and nearly a year after I was appointed a lawyer [for Mr. Asahara] the hearings about this incident began, following the completion of interrogations on other incidents. And the defendant Asahara was transferred from the The Tokyo Metropolitain Police Department to a Tokyo prison. It happened seven and a half months after that and six and a half months after the beginning of the court sittings.
The defendant Asahara strongly opposed the defense’s interrogation of the witness for the prosecution. It was Kenjichi Hirose, former Minister of Scientific Technologies in AUM Shinrikyo (further, speaking about witnesses who belonged to the religious community, I’ll be using their short titles). The defendant continued to protest paying no attention to the presiding judge’s orders to become silent. That was why he was turned out of the courtroom. The sitting of the trial continued without the defendant.
It was the only interrogation of the sort. It became clear at the sitting of October 18. The defense decided to interrogate the witness for the prosecution Yoshihiro Inoue, a high-level disciple. But the defendant Asahara regarded it as if it were a sacrilege and asked his lawyers to leave him alone. Therefore, when the defense began the interrogation, the feelings ran high.
Nevertheless, finding a moment between the sittings, at lunch break, I put a few questions to the witness Hirose, ‘Things on which the prosecution insists as being true, such as all those plans to obtain [chemical] weapons, for instance, extracting bacteria causing botulism from the environment or spraying bacteria causing anthrax, all this sounds unreal, just sheer fantasy, like in comic strips. Don’t you think so?’, ‘Well, yes, when you look back at it, it seems like that’.
Here are the records of a conversation between the defendant Asahara, the presiding judge and the lawyers at the sitting of the court when the defendant was turned out of the courtroom.
Defendant: On the whole it’s irrelevant…
Presiding Judge: The lawyer poses a question in connection with the prosecutor’s statements that is about the involvement in the crime and the like. If you think this deliberation is unnecessary, I can stop it. Well, quiet!
Defendant: Let the prosecutor put such questions. It’s really strange for a lawyer to ask them.
Lawyer (Watanabe): I am only asking questions to refute what the prosecutor is saying.
Defendant: This is not a refutation but absolute nonsense. You must really stop it.
Judge: The lawyer believes it to be important, that’s why he is asking these questions.
Defendant: This trial itself is nonsense.
Judge: You have no right to say that.
Defendant: In reality there is no state lawyer[1].
Judge: This is not so.
Defendant: There is no prosecutor either.
Judge: The lawyer is trying to help you, isn’t he?
Defendant: Just continue this mockery of justice, as you always do to get what you want.
Judge: What does it mean?! Well, take the accused out of the courtroom!
(The defendant is taken out of the courtroom following the judge’s orders)
At this sitting of the court the defendant Asahara made his attitude very clear, ‘What is essential for me is the honor of AUM Shinrikyo and its teachings. I have the right not to take part in this trial[2] and let me have my say as the accused. I have this right [too]. The AUM Shinrikyo doctrine is the Absolute Truth, it’s the same truth that forms the foundation of Buddhism. But when you try to show my disciples as being mad, this puts me in an awkward position before the True Victors (those who attained Ultimate Realization) whom I believe in’.
When the defendant said it, I fully realized that my questions (which I asked to show that the community’s leaders promoted a plan which seemed utterly absurd) were an insult to the religious community from all points of view.
But why did I persist in those cross-examinations? I began them when we had not fully discussed all the issues even in the defense team. But somehow I felt that a series of AUM-related incidents, which culminated in the Sarin gassing incident in the subway, was something different from what the prosecution insisted it was. The prosecution maintained that AUM was a terrorist organization adhering to a peculiar doctrine approving indiscriminate murders, and all the incidents perpetrated by it were a part of the plan to arm itself. But I suspected that those incidents were the result of recklessness, and they took place because the group of leaders with seitaishi Hideo Murai at the head distorted and misused the original AUM Shinrikyo doctrine. In March 1995, when its activities were in full swing, the community numbered over 10,000 followers. 99% of them had nothing to do with the incidents, they had no idea whatsoever that the community’s leaders were involved in them.
Meanwhile the followers were sincerely doing their everyday religious duties.
The defendant Asahara was the founder of exactly such a community, which the followers believed in.
Therefore, the police and the prosecution misunderstood the situation when they declared the whole community terrorist. It just did not correspond to reality.
The question was where this divergence between the reality and prosecutors’ point of view began. Prosecutors denied the fact that the defendant Asahara was a religious leader and his community was a religious organization, they looked at them solely as terrorists.
After all, the plan to arm itself was incompatible with religious purposes [of the community] and I thought that I would be able to find a strong religious motive in this incompatibility explaining the leaders’ actions.
Let us take a look at the situation in general. As a matter of fact, there is a rebellious spirit underlying the AUM Shinrikyo doctrine, it is a rebellion against worldly things, against ordinary religions [which acknowlege them] and it is based on ‘anti-shamanism’, the absence of a personality cult, though it was not at once that I became aware of it. But the group of leaders headed by Murai contradicting this doctrine, made followers and their subordinates revere them as gurus and brought the doctrine down to shamanism. This is how the system of ministries, etc. was set up, and the control over the community passed from the founder, the defendant Asahara, to the leaders.
On the other hand, the existing situation, as it was, was triggered off by such deviations and recklessness of the community’s leaders. It was clear from the start what this conflict and fierce attacks on AUM (started in October 1989 with a special issue of ‘The Sandi Mainichi’ under the heading ‘AUM Shinrikyo’s madness’), would result in.
One must say, it was those fierce attacks, the idea to ‘annihilate AUM’ that started this life or death fight. And fierce attacks still continue.
But not withstanding the tense social situation, the AUM founder defendant Asahara remained calm standing trial, ‘This is a wonderful opportunity for [spiritual] practice’. He used to say the same to his disciples in his sermons. But the group of leaders with Murai at the head seething with indignation against persecutions tried to do at least something to let the community survive. Now it has become clear.
You could consider it from any angle but it was obvious that the position of the leaders headed by Murai was different from that of the founder of the organization the defendant Asahara. It was because the leaders deviated from the teachings and the founder’s instructions that all those incidents occurred.
When it transpired, the first thing to do to keep up the honor of AUM Shinrikyo and to preserve the true teachings was to show that the plan to take up arms had nothing to do with the religious doctrine.
As I wrote above, it did not mean that I came to understand that at the beginning of court sittings. All the time I continued searching groping my way, but I was moving in that direction because I felt it was right.
Murai’s absurd ideas about the production of various weapons were the best confirmation of it. However, to make those facts obvious I needed cross-examinations and the best witness for the prosecution to serve the purpose was Hirose. But at first I had to explain the controversial issues to the defendant Asahara, so that he could understand why cross-examinations were necessary and approve of them. It would take time to prepare him for that, but we were given no time at all. I understood only too well that I had not done enough to prepare Mr. Asahara to agree to cross-examinations, but if I stopped them, it would look like a refusal to hold them at all, and then I would lose the chance to interrogate witnesses, including Hirose. That was why I continued interrogations in spite of the defendant’s objection. I believed it would be better for him if I did so.
But the result was quite the opposite – the defendant was turned out of the courtroom.
[1]Here the defendant probably implies that according to Buddhism what appears to be ‘self’ is really nonexistent, and everything is just
maya, an illusion
(– editor).
[2] The defendant may refer to his right not to testify, to keep silence (– editor).
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