Saturday May 26, 2012

JAPAN NEWS AND DISCUSSION

Ex-JR West president found not guilty over fatal 2005 derailment

Crime Jan. 11, 2012 - 08:00PM JST ( 23 )

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23 Comments

-4

ElvensilvanJan. 11, 2012 - 04:28PM JST

If I remember correctly, the families of the victims have had recieved compensation from JR West.

As the investigations showed, the train driver was the one responsible for the crash. If the company president knew what was going on at the time, and did not warn the driver to slow down, then he would be responsible.

Also, if I also remember correctly, the driver was speeding because he felel asleep while driving, causing him to slow down way before the curb.

From my point of view, the ones directly responsible should be the ones who are monitoring the trains' movements and systems, as these are the ones who should know which train is speeding or slowing down and where.
1

cracaphatJan. 11, 2012 - 04:31PM JST

It does feel like overreaching in some ways to blame him for the crash being that he was not the driver. But naturally there is a sense to look for someone to make a scapegoat for such a tragedy. The result of the trial decision is no-one's happy.
0

YubaruJan. 11, 2012 - 04:39PM JST

One has to take into consideration where this took place when thinking about placing blame. While it's the right decision that the courts made this time, there are plenty of times where the presidents and or CEO's of corporations take responsibility for the actions of their employees. It's part of the culture of Japanese business.
-2

ElvensilvanJan. 11, 2012 - 04:47PM JST

The result of the trial decision is no-one's happy.

This is the case all over the world. But what do they want? Execution of all the the officials and employees who were on duty at the time? Close down the train system?

Just look at South Korea, China and the Philippines (to name a few) with the unending claims to recompensation for the "comfort women". They have recieved compensation many times already, but they're still asking for "justice". When will they be satisfied? When can the past crimes and wrongdoings have closure?

Why don't we just accept the compensation, and let the dead (and ourselves) rest?
-1

some14someJan. 11, 2012 - 04:59PM JST

From my point of view, the ones directly responsible should be the ones who are monitoring the trains' movements and systems, as these are the ones who should know which train is speeding or slowing down and where.

so, this is what Ichiro Ozawa is saying...accounting dept. should be held responsible and i have said he will be also cleared of any irregularities/responsbilities. only difference when i say i get thumbs down and judge in this case is getting thumbs up ! Personally, i feel JR West Chief as well as Ichiro Ozawa should be held responsible and punished accordingly.
2

ebisenJan. 11, 2012 - 05:00PM JST

elvensilvan - you can't judge victims and their families, unless you are personally involved. As long as you are fortunate enough not to experience such tragedies, you can't really comment on the victims' reactions.
-4

Tom DeMickeJan. 11, 2012 - 05:08PM JST

Good decision and I support it.
1

smithinjapanJan. 11, 2012 - 06:04PM JST

elvensilvan: "As the investigations showed, the train driver was the one responsible for the crash."

You could say he is the one DIRECTLY responsible, yes... but whom do you think got him to travel faster as a result of being late? Do you know how these companies work? If you don't stop bang on the mark, or if cause even ONE MINUTE of lateness on a busy line you are subject to all sorts of punishment and menial tasks. I don't at all recall reading that he 'fell asleep', so I'm not sure what you are talking about, but there is no doubt he was pressured into going faster because he was running late at stops. This is a common practice, and THAT is why executives and people in charge of safety were being put on trial.
6

zichiJan. 11, 2012 - 06:12PM JST

JR West had the time and opportunity to install braking systems on those dangerous bends. I frequently take the line into Osaka.

Lack of safety standards when they were available. Which other company does that remind you of?
1

gogogoJan. 11, 2012 - 07:03PM JST

Putting the safety guy in charge of the company straight after the accident? Nice one
6

warnerbroJan. 11, 2012 - 07:14PM JST

The driver was speeding intentionally because he was terrified of getting behind schedule and the subsequent abuse which would therefore be visited upon him. He didn't fall asleep. According to Wiki:"Drivers face financial penalties for lateness as well as being forced into harsh and humiliating "Nikkin Kyoiku" retraining programs.The final report concluded that the retraining system was the most probable cause of incident."

The head of the corporation was indeed directly responsible for corporate policies that prioritise the timetable over safety. But naturally in Japan he was not found guilty.
3

mikemiroJan. 11, 2012 - 07:51PM JST

of course he was found not guilty. He's part of the same anachronistic, fossilized Japanese establishment that the judge belongs to and that has been in place here since the Jomon period... it would be an indictment on this whole impotent, feeble culture if he found this old geezer guilty. And do you know what people are going to do about it? Shrug their shoulders & say, "shikata ga nai" - "nothing we can do about it". Gambaro Nippon... what a joke!
0

tmarieJan. 11, 2012 - 07:58PM JST

I remember this very well - was my old train line. There were many issues raised with this whole case - drivers not getting enough sleep due to their shifts, drivers trying to make up lost time out of fear of payment being docked, extra work being given (pulling weeds) because of missed schedules... Do I think the president is at fault for all of this? No. Japanese work ethic is and the culture of bullying and not respecting workers time off. I do think, however, that those in management who decided these punishments and schedules should be held accountable. Basically, safety was chucked aside by the drivers out of fear of punishment and ridicule from their managers.

The sad thing is, I doubt this did anything in JR to deal with the issues that caused this in the first place. Japan needs to come to grips with fair punishments, allowing shift workers adequate time to sleep and following through on safety standards.
2

kurisupisuJan. 11, 2012 - 10:00PM JST

Speeding was the cause of the accident due to a manical fixation on punctuality over safety. The company policy was extremely flawed. Unfortunately,the legal process in Japan is too;as this case shows.

I pity the families.....
0

oginomeJan. 11, 2012 - 10:54PM JST

I remember seeing this on tv when I was younger, it was the last Japanese news story that gained mainstream attention in the foreign media before the 2011 earthquake/tsunami.
-1

cloa513Jan. 11, 2012 - 11:37PM JST

If the president or safety manager is not responsible for management of drivers or equipment then what is his job- he doesn't have a purpose at all- they are being paid for doing nothing.
-2

herefornowJan. 12, 2012 - 01:54AM JST

IMO this comes down to a simple question -- is it criminally negligent if the president does not set a corporate culture of prioritizing safety over punctuality and profits? (If I recall correctly, there is a competitive rail line in this area that was stealing riders from JR West at the time.) Again, IMO, the answer is Yes. Was the president driving the train himself? Obviously not. But, if that driver had known that any act that endangered safety -- like speeding -- would be severely punished, rather than being late, then he might have acted quite differently.
1

nigelboyJan. 12, 2012 - 02:01AM JST

IMO this comes down to a simple question -- is it criminally negligent if the president does not set a corporate culture of prioritizing safety over punctuality and profits?

By your "simple" definition, all airline executives who had experienced crashes that resulted in fatalities under their helm would be criminally responsible.
3

http://danieldiaztecles.blogspot.com/Jan. 12, 2012 - 05:19AM JST

Transportation accidents, when they are as tragic as this, and there are so many victims, often very difficult to find those responsible or guilty, if we learn from all the human failings that have caused the accident and fix them so they do not return to be repeated again. In Valencia (Spain) Something similar happened in the subway in the capital. My most sincere condolences to the families of the deceased.
-4

tmarieJan. 12, 2012 - 08:13AM JST

If the president or safety manager is not responsible for management of drivers or equipment then what is his job- he doesn't have a purpose at all- they are being paid for doing nothing.

Presidents here don't do much. It is the reward position they get for "working" their butts off when they were younger. Those below him do everything. His job is to meet with other guys in the same position and pretend to work.
0

ElvensilvanJan. 12, 2012 - 10:24AM JST

@ebisen

elvensilvan - you can't judge victims and their families, unless you are personally involved. As long as you are fortunate enough not to experience such tragedies, you can't really comment on the victims' reactions.

Actually, my great-grandmother and grnadmother were war crime victims of the Japanese during WW2. The difference is, when the Japanese governmemt dished out the compensation packages, our families had closure, and my grandmother even shook the hand of the Japanese representative.

Many other families are still protesting that they haven't recieved justice, even though they have been recieving compensation packages almost every time they file a mass petition against the Japanese government.

How many times does the erring body have to apologize and compensate? Does everyone here really want the entire JR West closed down for the incident? Or that every employee that was involved in the safety design, implementation and management be sacked and even jailed?

Using the same mentality, then Toyota management should be jailed for the design and assembly flaws of all the recalled vehicles, which has killed far more than 107 people across many years.
-2

herefornowJan. 12, 2012 - 10:14PM JST

By your "simple" definition, all airline executives who had experienced crashes that resulted in fatalities under their helm would be criminally responsible.

nigelboy -- wrong. Please re-read what I said. I said if the "priority" was on profits rather than safety. Not simply having an accident occur. Is that too difficult for you to understand?
0

nigelboyJan. 12, 2012 - 11:49PM JST

nigelboy -- wrong. Please re-read what I said. I said if the "priority" was on profits rather than safety. Not simply having an accident occur. Is that too difficult for you to understand?

Forgive me but aren't "accidents" caused by inadequate safety measures?