Last Friday, November 6th, our lawsuit against the Taiji Whale Museum, the first lawsuit ever filed in Japan against the Museum and the town fathers of Taiji (who own the Museum), came to trial in the city of Wakayama before a panel of three judges.
It really was an historic debate over discrimination. Representatives of Earth Island Institute’s Save Japan Dolphins Campaign and Australia for Dolphins (AFD), wanting to check up on the captive dolphins in the Museum, which are pulled from the dolphin slaughter in the Cove just around the corner from the Museum, were denied entry, shown a sign that said “anti-whalers” were not allowed to come in.
Of particular concern to Earth Island and AFD is the welfare of the little albino dolphin we have named Angel. Angel was caught in a drive hunt, and her mother and the rest of her pod were butchered for meat. As a true albino dolphin, Angel is a prized exhibit at the Taiji Whale Museum, but living in conditions that are less than ideal.
Under the provisions of the Japanese constitution, discrimination for any reason against anyone, Japanese or not, is illegal, and frankly anti-Japanese. The Museum did not apply the same conditions on any Japanese individuals entering the Museum.
AFD’s Sarah Lucas, who with her father was barred from going into the Museum, testified during the morning of the trial about her experience and how unfair it was. AFD had recruited the attorneys and set up the case.
Earth Island provided additional funding for the lawyers in Tokyo handling the case and also provided detailed accounts of Earth Island representatives who had been denied entry as part of the written record submitted to the court.
In the afternoon, the director of the Taiji Whale Museum took the stand. Sarah Lucas praised the Takano Law Firm representing us, noting that through the tough cross-examination by our lawyers, the director’s false claims about Sarah and other Westerners simply fell apart.
Professor Takashi Takano, who both teaches law and runs his firm, leads the Takano Law Firm. Sarah had special praise for him and his team in Wakayama.
Sarah notes: “Our Japanese lawyers argued in court today that the Museum’s policy of rejecting foreigners, purely on the basis of their appearance, is unlawful under Japan’s Constitution, which protects all people from discrimination based on race or belief. Our lawyers – who include a highly-respected Japanese legal professor and a former judge – did a superb job.”
“The Museum claimed (completely falsely) that I had caused ‘trouble’ when I had visited the Museum on a previous occasion,” Sarah continues. “However, the Museum’s legal representatives could not adduce any proof to back up their accusation.”
Sarah also notes that many Japanese representatives from the media were on hand to interview her and cover the trial, which bodes well for the story getting out around Japan. It is very hard to get good media coverage in Japan on this controversial issue. The court proceedings do help the Japanese media and the public understand that the case we are making for ending the dolphin slaughter is legitimate and backed by the facts.
The case is now set for judgment. There will be one further hearing on January 8th, and after that the judges will render a decision.
Our thanks to Sarah and AFD, and to our lawyers of the Takano Law Firm for their efforts on behalf of the dolphins of Japan.
