Tokitsukaze Beya Rikishi Court Case

[Jonosuke 28]

The first proceeding over the death of Tokitsukaze Beya Jonokuchi Takashi Saito (then 17 years old) is to be held at the Nagoya Regional Court. The court case deals with three senior Tokitsukaze Beya rikishi who were alleged to have beaten Saito.

One of the rikishi was Dotou (Real name: Yuichiro Izuka, 25 years old, currently in Banzuke-gai). Dotou is charged with causing a body injury resulting in death.

Takashi's father, Masato Saito, 51, was asked about his feeling on his son's upcoming court case. "I have an ambivalent feeling. In one sense I don't want to know what really happened. But I also want to know what really made him do it."

The proceeding starts at 10 AM on October 7 and the three rikishi have mostly admitted their involvement and if they are found guilty, they will be dismissed from the Kyokai. All three are reported to have cut their mage already.

"At the court we may hear how many blows they gave or something unimaginably atrocious. I feel anxious both wanting to know or wanting not to know but I want to face the truth gravely," Masato said. "Whether he enjoyed beating him or because he hated him so much. Why did he have to do it to that point to cause a death..."

Masato especially showed his indignation to former oyakata Junichi Yamamoto, 58, who was alleged to have ordered the rikishi to beat Saito. "He loved them so much once but then he refused to accept his own guilt and instead put all the responsibility to them. I just can't understand it and I feel so much anger towards him. I want to ask him as a parent if he has the same red blood running through his body."

Since death of Saito, Masato heard more violence committed by rikishi and oyakata at other heya as well as the current marijuana and yaocho controversies in Ozumo. "It I knew it was such a terrifying place, I'd never have let him enter."

Masato Saito knew that Takashi wanted to be the best rikishi in Japan. Masato prays to the photo of Takashi daily,"You have become the best rikishi in Japan already. Please lend us a little more of your strength now."

Edited October 7, 2008 by Jonosuke

[Kaikitsune Makoto 203]

Where is the bad oyakata now? He was denied bail some months ago but what has he done since and where is he? Is he still a drunkard? Is he depressed? There is no clear news about what is his status at the moment. Will he slice his stomach open and die?

[Jonosuke 28]

Where is the bad oyakata now?

His case is coming up later. While the three rikishi admitted their guilt, the oyakata is still not insisting he did not cause the death directly so he has a separate court case. I believe he is somewhere in Tokyo after leaving Tokitsukaze Beya and I believe he is not being detained and still free.

[Fujisan 530]

Well the day is here and the news is spreading....

I was checking Teletext today when news of this case appeared,it must be big because I've never read anything about sumo on Teletext before.

[Babaryutaikai 1]

The proceeding starts at 10 AM on October 7 and the three rikishi have mostly admitted their involvement and if they are found guilty, they will be dismissed from the Kyokai. All three are reported to have cut their mage already.

Was there any indication of any other punishment besides being expelled by the Kyokai? Is there no punishment for what I assume (but I know nothing about Law, never mind Japanese law) was manslaughter? It would seem to me that expulsion from sumo is not exactly a "punishment fits the crime" action. The parents of Takashi Saito are going through such a dreadful ordeal. I feel so bad for them.

Also, Joe, can you tell us the shikona of the other two boys that were involved and pleaded guilty?

Thanks.

Just wondering.

[Jonosuke 28]

Two others are former Sandanme Tokiomaru (Masanori Fujii), 23, and former Makushita Akiyutaka (Masakazu Kimura), 25.

They almost shaved their head and hardly had any hair.

They apparently tied Saito to a teppo pole and beat him up. They had testified that they did have a little resentment towards Saito as he kept skipping training and running away but basically the shisho had the supreme authority and they could not go against his orders.

Since they pretty much admitted their guilt and cooperated with the police fully, they would be unlikely receiving the stiffest penalties.

[Fujisan 530]

They apparently tied Saito to a teppo pole and beat him up. They had testified that they did have a little resentment towards Saito as he kept skipping training and running away but basically the shisho had the supreme authority and they could not go against his orders.

Thats the sort of thing you hear at war crimes tribunals....

Either way its bull.

You can go against any orders,anywhere,if your prepared for the result.

[Asashosakari 18,670]

Was there any indication of any other punishment besides being expelled by the Kyokai? Is there no punishment for what I assume (but I know nothing about Law, never mind Japanese law) was manslaughter? It would seem to me that expulsion from sumo is not exactly a "punishment fits the crime" action.

Being expelled from the Kyokai will be a consequence of being convicted; obviously it won't constitute the punishment itself.

[Kintamayama 44,267]

Particles in English:

http://www.telegraph.co.uk/news/worldnews/...d-wrestler.html

http://news.scotsman.com/world/Sumo-trio-a...ault.4567964.jp

http://www.washingtonpost.com/wp-dyn/conte...8100700405.html

http://ap.google.com/article/ALeqM5husfPKL...Dk18yAD93LHUQ80

[Kintamayama 44,267]

The three suspects:

[Kintamayama 44,267]

Tokitsukaze Oyakata outside the courthouse:

Tokitaizan's father:

[Jonosuke 28]

On the second day of trial for three Tokitsukaze Beya rikishi charged with causing bodily injury resulting in death of Tokiozan (then 17 years old), Takeshi Saito, at the Nagoya Regional Court on October 8, two rikishi and the current Tokitsukaze oyakata (former Maegashira Tokitsumi) testified in court. Tokitsukaze oyakata specifically asked for a leniency for the three defendants.

In court this day, a currently active Tokitsukaze rikishi testified that there was nothing extraordinary about the training session Takashi Saito received that day (the day before his death). However a prosecution witness, former Tokitsukaze Beya rikishi testified it was nothing more than a punishment for Saito running away from the heya. While the current rikishi said all former Jonidan Akiyutaka (Masakazu Kimura, 25) did was to roll him around, the former rikishi insisted that Kimura "threw him hard down to the ground".

Interestingly the two joined Ozumo at the same time, at the 1996 Haru Basho, and their highest rank achieved was also Makushita. The former rikishi was told by Yamamoto (the former oyakata) two days after the incident on June 28 to "never say anything about hitting him with a beer bottle". He felt he can't go along with the order and run away from their base camp located in Inuyama City, Aichi Prefecture to the Inuyama Police station. Right now he is working in a restaurant. It's possible that their perception may have been different but both agreed it was ordered by Yamamoto.

As the three defendants have already admitted to their charge of causing bodily injury resulting in death, the main battle ground for both sides is whether the series of action committed by the three are fully intentional to punishi Saito The testimony made by the two rikishi could become crucial in determining the eventual sentencing for the three.

When the current Tokitsukaze oyakata appeared in court, three defendants were trying their best to stop crying as during their active days, Tokitsuumi was a rikishi they admired and respected. The three defendants met the current oyakata for the first time since they left the heya after their arrest and seeing the oyakata now retired and without mage started them crying uncontrollably.

After finishing the morning training sessions at his heya in Ryogoku, the oyakata changed to a suit and tie, and traveled to Nagoya to appear as a witness to testify for defense.

"For recruits, his shisho is like a presence above clouds. The three were the victims, following orders by Mr. Yamamoto (former Tokisukaze oyakata). I feel for them deeply. What the former oyakata has done was simply beyond common sense," Tokistukaze oyakata testified.

The oyakata then disclosed even though Yamamoto told the three defendants he would take the full responsibility last October, Yamamoto was making statements contrary to what he told the three. The current Tokitsukaze oyakata then asked the three rikishi to confront Yamamoto directly but all he did was making vague responses. As a result the current oyakata decided to consult a director with his Ichimon, Isenoumi oyakata (former Sekiwake Fujinokawa) and told the three to go to the Aichi Police unit conducting the investigations.

Seeing the three with closely cropped hair already making up their mind to leave the sumo world, Tokitsukaze oyakata said, "I really can't bear to look at them. I want to personally help them back to the society and rebuild their future life,"

On October 9 Yuichiro Izuka (Banzuke-gai Doto), 25, and Masakazu Kimura (Jonidan Akiyutaka) appeared in the witness stand. Both said, "I should have told the oyakata, 'Let's stop it here'".

Izuka said, "I've done something I cannot ever repay. I will devote my whole life to atone for the sin". "I have taken away the dreams and hopes of Mr. Saito. I can never apologize enough," said Kimura offering his apology to Saito's father Masato, 51.

Both defendants testified that the oyakata had "absolute position of power and could not go against his orders". They added," if we did, the oyakata would have scolded us hard and beat us up".

"On that day, on June 26, when we were doing the butsukari geiko, we looked over to the oyakata to show him, 'maybe it's enough already' and 'he won't be able to do it anymore" but each time the oyakata looked away and did not want to stop us".

A defense attorney asked Izuka about not having a mage any longer. "I did not want to cut it to be honest. But I felt to keep wearing it was not right (for other rikishi)," said izuka as he started sobbing again. Asked about getting dismissed from the Sumo Kyokai when found guilty, Izuka with tears flowing down his cheeks said,"What I have done to Mr. Saito, it's only right".

Kimura said about cutting his mage, "I didn't want people to think I still had an attachment to the sumo world. In my mind I decided to retire". Then Kimura broke down and started crying, 'I will never ever again get involved with sumo".

Kimura also disclosed he was personally asked by Saito's father Masato to rehabilitate his son. Saito run away from the heya in Tokyo and his father brought his son back to the heya from their home in Niigata on June 20, 2007. Kimura said Masato stepped into the heya's front entrance and got down to his knee to ask him to take his son back. Saito's father said all his son could do back home was to go begging for money from others and pleaded him to let his son stay with the heya. Then even on that day, despite his father's ardent wish, Kimura found Saito smoking on the roof and felt really angry. "I personally wanted to make him a decent rikishi after personally being asked by his father".

In the afternoon of the third day of trial, Kimura demonstrated how he performed the butsukari-geiko" session on the day before Saito died. He showed how he "rolled" Saito off to the ground. "You will use one arm to get his elbow and the other to get his shoulder and you roll him as if you turn a steering wheel." Kimura explained.

The defense team felt having Kimura demonstrate the move was crucial in showing it was a normal "butsukari-geiko" session and it was a normal technique. It was to counter a statement made by the former rikishi who testified Kimura threw Saito down to the ground hard. If Kimura is proven to intentionally throw Saito down hard then he could receive stiffer sentence.

Another major testimony came from Izuka who confessed he was the one who went searching for a metal bat and used it on Saito. Up to the point it was reported that the former oyakata Yamamoto ordered to hit Saito with a metal bat. It's likely that Izuka also wanted to punish Saito. While both Kimura and Izuka testified they could not go against the oyakata's orders but they also showed they were angry with Saito and wanted to serve him some punishment as well.

In the fourth and last day of the trial on October 10, Saito's father Masato said he wanted the three rikishi "to shoulder the pains for the rest of their life".

He said when he heard of his son's death, it was like his chest being torn apart. "There was a time I also wanted to go to the world he has gone but my son stopped me in my dream, 'Dad, don't come over'".

"The elder rikishi said the power of the oyakata was absolute but was it really true that they could not have done anything to help? I only want a reasonable verdict and sentences that my son can accept," Masato said. On the former oyakata, Junichi Yamamoto (currently in pre-trial), Masato said, "I hope he too can admit his guilt quickly".

Meanwhile the Kyokai's Prevention Committee deputy chairman Tomozuna oyakata said he was not in a position to make any comment at the moment on the trial.

"It's important that each oyakata ensures his teaching methods to fall within the set guidelines and we have instructed each shisho rigorously on this point. We feel we are on the right track," Tomozuna oyakata said.

[Kintamayama 44,267]

Banzuke-gai Tokioumaru (Masanori Fujii) has stated the Okamisan also let him understand it was OK to "punish" Saito. She saw Saito throw some cigarette butts from the stairs at the heya, and said to Fujii: "No more patience. The Oyakata said it's OK (to beat him up)". "I thought I had nothing to worry about, since the okamisan was backing me up..", said Fujii, and slapped Saito silly and hit him with a stick on his buttocks.

Edited October 10, 2008 by Kintamayama

[Jonosuke 28]

In case someone is wondering who was the current rikshi and former rikishi who had a difference of opinion, as both joined at the 1996 Haru Basho, it's rather easy to figure out who is who. Since I did not name him in the above report as the paper was not reporting it but there are two rikishi, one is Toyohikari and the other is Tokinoumi. Just figure out who is who by figuring out which one is still active.

Personally it was rather a stupid comment coming from Tokitsuumi that the three rikishi possibily causing Saito's death are "victims". He is an college grad and he should know better than saying something like this when the father of Takeshi was around not so far away from him. What would the father think of the new oyakata saying the guys who beat his son up were also victims?

If I recall the minumum of this type of charge is three years in prison but I'd say they will get more, now that they have half hinted that they did participate not only because they were "ordered" by the oyakata but they also wanted to punish Saito, rather premeditated act. Izuka was even saying he went to get the metal bat so he could beat Saito with it.

[kame 0]

Thanks for all the new info guys. So much real drama here (unlike Kasuganishiki selling geta). So much shared guilt as well, the oyakata, his wife too!, the 3 rikishi, and yes, even Takeshi's father and the whole of the sumo heya system. Jonosuke, I think you're being a tad too harsh to former Tokitsuumi. He's shown more steadfastness in this whole case than I thought was possible. He knew all the parties involved from his heya and can probably judge better than anybody else where the blame lies.

[Fukurou 534]

Three and a half years for two of them. Three years for the other one.

Who got what sentence?

In Japan, does "time already served" (time in custody) count toward the sentence? (in some places, if you were sentenced to 12 months but were in police custody for that crime for 3 months, you could get credit for time served and only have to serve 9 months)

[Jonosuke 28]

Actually no one got anything yet.

That's what the prosecutors are asking for while the defense is asking the judge not to apply any prison sentences.

While it's possible that they may not get the full three year and three and half year sentences the prosecutors are asking, it's unlikely they will avoid a prison sentence as they did admit they wanted to punish Saito for running away from the heya and straightening him up.

[Kintamayama 44,267]

The final judgment- December 18th. The prosecutor is asking for a 3 and a half year sentence for Kimura and Izuka and a three year sentence for Fujii.

Edited December 16, 2008 by Kintamayama

[Kintamayama 44,267]

Guilty as charged. Musashigawa Oyakata held a press conference and announced they are discharged from sumo as promised. All three had no mage, wore suits with no ties, and stared into space. Fujii repeatedly wiped his forehead with a handkerchief and Kimura stared forward gripping his fist. Later, their lawyer held a press conference apologizing for everything. Kimura and Izuka -three years, Fujii - 2 and a half years. There will not be an appeal, it appears.

As for the former Oyakata, no date has yet been fixed for his trial.

Edited December 18, 2008 by Kintamayama

[Mark Buckton 1]

suspended sentences I hear Moti. non?

UK / World Service listeners will have this covered on the radio tonight and tomorrow.

[Otokonoyama 2,735]

suspended sentences I hear Moti. non?

UK / World Service listeners will have this covered on the radio tonight and tomorrow.

Yes, that is correct.

http://www.japantoday.com/category/crime/v...teen-stablemate

[Kintamayama 44,267]

suspended sentences I hear Moti. non?

UK / World Service listeners will have this covered on the radio tonight and tomorrow.

Yes indeed, the verdict was 3 and a two and a half years, but suspended. I missed the suspended part- it's a 5 year suspension, as long as they don't commit a similar crime.

http://mdn.mainichi.jp/mdnnews/news/200812...0na010000c.html

http://www.iht.com/articles/ap/2008/12/18/...Japan-Death.php

http://nbcsports.msnbc.com/id/28288306/

Edited December 18, 2008 by Kintamayama

[sekihiryu 51]

bloody lucky if you ask me.

The three grapplers were predominantly motivated by the instructions of their former stablemaster

thats like a SS officer saying, but Hitler made me do it!

they should have gotten 5 years in the slammer at least. Justice has not been served.

I wonder if the slob Yamamoto will get some jail time when his trial comes up?

p.s sorry for invoking 'Godwins Law' so soon in this thread, but it was the most fitting analogy!

Edited December 19, 2008 by sekihiryu

[Kintamayama 44,267]

The ex-Oyakata is on trial now. He has denied the allegations. One of the three rikishi implicated was called to the witness stand (still sporting a mage, BTW), and said there was no way they could not obey the Oyakata's orders. They were ordered to tie the deceased to the teppole at one point. "We don't want him running away again..", was what the ex-boss allegedly said, according to the rikishi. Asked about the beer bottle bashing and subsequent injury of the deceased, the rikishi said that the ex-Oyakata told them to say it was a scratch from his wristwatch. The rikishi did not look directly at the ex-Oyakata during the whole proceedings, while the Oyakata seemed to stare at him here and there.

[madorosumaru 7]

The ex-Oyakata is on trial now. He has denied the allegations. One of the three rikishi implicated was called to the witness stand (still sporting a mage, BTW), . . .

He is sporting a mage because he is still active. In addition to the oyakata, three ani-deshi were prosecuted. Three others were determined to be less culpable and only had their offenses put into official record (書類送検). One of those three left the heya and Ozumo right away.

時津風部屋の力士急死事件で、愛知県警の捜査本部は２９日、制裁目的の暴行で時太山（ときたいざん）＝当時（１７）、本名・斉藤俊（たかし）さん＝を死亡させたとして、傷害致死容疑で兄弟子３人を書類送検した。

　捜査本部は、３人は、逮捕された元親方の山本順一容疑者（５８）と３力士より暴行への関与の度合いが低く、従属的と判断した。

　書類送検されたのは２７歳と２８歳の力士と、現在店員の元力士（２７）。

　名古屋地検は同日、傷害致死罪で山本容疑者と伊塚雄一郎容疑者（２５）ら逮捕された兄弟子３人の計４人を起訴する。

The above article, published subsequent to the incident, reported that the three who had police reports sent to the prosecutors were a 28-year-old rikishi, a 27-year-old rikishi and a former rikishi, who had become a store employee. The witness that testified was described as a 29-year-old rikishi--one year older than when the incident took place.