The former head of a kindergarten in central Japan and a staff member were found guilty on Thursday of professional negligence resulting in the death by heatstroke of a 3-year-old girl who was left in a school van for hours in 2022.
The Shizuoka District Court sentenced Tatsuyoshi Masuda, a 74-year-old former principal of the facility in Makinohara, Shizuoka Prefecture, to 16 months in jail, and Ako Nishihara, 48, who had been responsible for the girl's class, to one year in prison, suspended for three years, over the death of China (pronounced chee-na) Kawamoto.
"Failing to fulfill the basic duty of care, such as confirming the number of children who got off, was serious negligence," Presiding Judge Koshi Kunii said about Masuda, adding that the president had also failed to create a safety manual.
"Her future was stolen at just 3 years and 11 months. Her suffering is unimaginable," Kunii added.
The court said it had been Masuda's responsibility as the head of the facility to set safety standards.
According to the ruling, on Sept. 5, 2022, Masuda, who had been driving the van that day, closed the vehicle's doors and locked them without accounting for all the children who got out, while Nishihara failed to confirm China's whereabouts such as by calling her family.
China was inside the van until around 2:05 p.m. She was found unconscious, having taken her shirt off and with an empty water bottle.
Prosecutors had sought a prison sentence of two years and six months for Masuda and one year for Nishihara.
The tragic death of China, along with other similar lock-up incidents, has prompted the government to mandate the implementation of safety measures on vehicles used by kindergartens and other facilities.
© KYODO
15 Comments
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Brian Wheway
Wow, I remember this case, today I've jumped in to my car here in Thailand, jees it was sweltering and I suppose the Japanese climate is pretty similar, It was stifling! And that was only for five minutes until the air con had cut in and cooled the car down, as for this girl I can sympathise with here, it must have been horrendous being locked in on that bus and not being able to get off, as for the sentencing, it's a bit leanient. As for going forward, I would like to see a national safety measure put in place and training for all driver of school coach and mini bus's. 1: compulsory training on all safety exits and features, demonstrating to children including a safety hammer how to break a window, 2: compulsory check, sweep of the bus before locking up
Yubaru
And who was here talking about the tough Japanese justice? Really now, this long for the life of a 3 year old?
This is more like "Japanese" justice. Bet they paid a lot of compensation cash! (Something never reported about, but matters when sentences are being sought!)
smithinjapan
Surprised the former didn’t get suspended as well.
3RENSHO
If I recall correctly, the former principal of the kindergarten handed over control of the facility to his son, following this accident. Another factor was the absence of the regular bus driver on September 5 2022 (which was a Monday), and this necessitated the principal to drive the school bus. Although the reason for the absence of the regular driver has not been reported, it may have been a cost-cutting measure...
vallum
Brian Wheway Wrote today 05:17 pm
It's not good training children how to break a window. They don't have the strength to do that and, more importantly, if not properly broken it could hurt them, even fatally maybe.
A good measure is teaching them how to press the car horn, installing cameras that can be remotely monitored, emergency buttons to open the door from the inside, buttons to make an alarm sound bound to be heard by anyone outside (even passersby or neighbors), etc
Some of these are actually being implemented by some kindergarten.
David Brent
She was an innocent angel.
The old geezer responsible should face the death penalty.
The sentence handed down is a joke.
Kevin McDaniel
Oh come on, sure it's easy to boo and throw rocks when you're just a rubbernecker on your phone... obviously this was gross negligence but not intentional evil, I am sure the two people who are being prosecuted have had their lives ruined enough from being responsible for such a tragic accident. There is nothing to gain by putting them behind bars for a longer period to teach them a lesson, since they will no longer ever be allowed in a similar situation again anyway. Let them disappear and live a quiet life if they can, and work on fixing the system to avoid this from happening again with someone else.
ebisen
That's what's wrong with the Japanese justice. Suspended? It's basically inviting the parent to apply their own justice to these two idiots...
Brian Wheway
@vallum, ref breaking a window, we all have the strength to do this, quite often youl see bus's fitted with a tiny pointed hammer, a light tap in the correct spot is all it needs, as for the glass, it's toughened glass, which means it will shatter into tiny little bits, rather than big shards of glass which will hurt or cut, But your quite right about making the bus doors being made able to be opened from the inside by a press of a large button and a siren fitted, this would of helped.
zulander
This case is truly heartbreaking...... although no mal intent perse, there needs to be accountability, even if only to serve as a reminder to other childcare services of the potenitally lethal consequences of inadequate concentration on the job.
grund
The law did change because of this case and at least in my kids kindergarten they now have training for the kids so that they know what they should do should something like this happen. Still, a very lenient punishment.
Jind
A slap on the wrist for the death of a child.
Should have been 20+ years.
Japan does not have a JUSTICE system.
masterblaster
I hope these two staff also lose their licenses. I hope they never work at a kindergarten again.
As part of their punishment they should be made to go around to various kindergartens throughout Japan and talk about what they did.
I remember when I was a kid the police that came to my school to warn about drugs and committing crimes had little impact. It was always the former drug addicts talking about their experiences and individuals who had been to jail that had the strongest impact.
piskian
Let's think for a while about why a child needs to be left with strangers for a whole day,when there are two competent parents available.
Let's think about the current economy that forces both parents to have to work full-time in order to support a small family.
Come on.
GuruMick
Yeah...and "death sentence " and "decades in jail " will bring the child back.
Does it make posters feel macho to write these things ?
The case was "criminal negligence "....google "negligence "....it lacks INTENT to harm.
Lets have a nationwide program on this and all matters involving kids in cars.
And less chest beating from posters who know nothing about the law.