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Indictment of JR West president over fatal derailment puts spotlight on railway safety

Public prosecutors have charged the president of West Japan Railway Co. (JR West) with professional negligence resulting in death and injury in connection with the JR Fukuchiyama Line disaster that claimed 107 lives in 2005. Prosecutors accuse Masao Yamazaki, who was formerly in charge of railway operations, of negligence in failing to install an automatic train stop (ATS) device when the section of the line where the accident occurred was modified. The harsh actions by prosecutors criticize the idea of placing priority on costs while downplaying safety.

The curve where the accident occurred was made sharper in 1996, when its radius was reduced by about half. When new high-speed trains were introduced, the chance that trains would derail if they went over the speed limit increased. Public prosecutors judged that human error could have been possible, and that priority should have been placed on installing an automatic train stop system on this curve.

Modifications on the section of the line where the accident occurred and speed increases were part of the company's strategy of increasing the ability to attract passengers by placing importance on efficient suburban routes and carrying passengers to urban areas. If this approach turns out to have triggered the accident, then we must conclude that there was a serious deficiency in the management policies of the company.

At the time of the accident, Yamazaki held the highest position of responsibility in the company's railway division, and had full jurisdiction over safety measures. Prosecutors allege that Yamazaki had received a report on a derailment that occurred on a sharp curve on the JR Hakodate Line which said that an ATS device could have prevented the accident, but was negligent in his responsibility to take due care and order the installment of an ATS device on the Fukuchiyama Line.

Following his indictment without arrest, Yamazaki immediately declared his resignation as president. It is extremely unusual for a management official to face criminal responsibility over a railway accident, and prosecutors' actions have serious implications.

The indictment against Yamazaki is limited to his liability for negligence as railway headquarters chief, but it can be expected that during the trial proceedings to come, prosecutors will also turn their attention to organizational responsibility that is not subject to criminal penalty. During the case we hope there will be a thorough investigation of problems relating to the company's management stance and corporate culture, and that those lessons will be put to use in preventing further accidents.

Public prosecutors plan to hold a meeting with people injured in the accident and the bereaved families of victims. The move by prosecutors is an outcome supported by the voices of the public and victims of the accident. Dissatisfaction over the handling of the case runs deep among bereaved families, as three successive presidents of the company previously named in criminal complaints have not been charged. Prosecutors will be expected to disclose the grounds for their actions along with detailed legal interpretations.

In light of the developments, it appears likely that JR West will once again come under pressure to shake up its organization and work to restore trust.

At the time of the accident, Yamazaki was working at a company subsidiary, but he later returned as vice president, boasting a reputation as a specialist on safety measures. He took up the post of company president in February 2006. It is only natural that the company's inclination to be lenient on an insider -- leaving him to wave the flag of safety measures though it should have been able to foresee that he could face criminal responsibility -- should come under criticism.

Prosecutors' actions greatly impact Japan's entire railway system. The decision by public prosecutors places the responsibility to secure safety squarely on the shoulders of railway operators, demanding measures from them to prevent accidents even in cases where human error is involved.

It is essential that railway companies now clarify areas that could be deemed at risk, implement practical safety measures, and make an effort to build trust among passengers.

(Mainichi Japan) July 9, 2009

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