Defense Seeks Nullification After Appeal Withdrawal

Legal team for Shinji Aoba reaches out to Osaka High Court
The defense team representing Shinji Aoba, convicted in the tragic Kyoto Animation arson fire that resulted in the deaths of 36 individuals and injuries to 32 others, is requesting the Osaka High Court to reverse Aoba’s recent withdrawal of his appeal against his death sentence. This request follows Aoba's decision to withdraw his appeal just two days earlier, on January 28.

© Kyoto Animation

Legal Background

When a defendant withdraws their appeal, it typically allows the court to confirm the sentence, effectively closing the case. However, The Mainichi Shimbun reported that Japanese courts have been known to nullify such withdrawals if the defendant appeared incapable of defending their rights due to the emotional impact of a death sentence.

Timeline of Events

• January 25, 2024: The Kyoto District Court found Aoba guilty.
• January 26, 2024: Aoba's defense filed an appeal.
• December 2023: Prosecutors sought the death penalty for Aoba.
• September 5, 2023: The main trial commenced.
• May 2023: Pre-trial proceedings began.

Context of the Incident

The arson occurred on July 18, 2019, at Kyoto Animation's Studio 1, where 70 employees were present. Besides those inside, a passerby suffered minor injuries due to smoke inhalation. Aoba (now 46), initiated the blaze using 40 liters (about 11 gallons) of gasoline and was apprehended shortly after.

Notably, Aoba himself was seriously injured in the fire, sustaining extensive burns. He was indicted formally in December 2020, following the investigation.

Aftermath of the Fire

The destruction led to the demolition of Studio 1, which was completed in April 2020. Kyoto Animation announced its recruitment efforts resumed in July 2020.

In September 2023, a documentary featuring Dr. Takahiro Ueda, who was involved in Aoba’s care, aired just days before the trial began.

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Source: Mainichi Shimbun (Ryoko Kijima) (English version) via Otaku USA Magazine