My translation of the summary from https://jbbs.shitaraba.net/bbs/read.cgi/music/29852/1553736787 for 12/25 (Wednesday).

Note: I try to repeat the Japanese thread as closely as possible here. Where I do make some editorial additions I’ll put them in [ ], though I do occasionally soften the posters’ tone.

[Updated 12/30/19]

  • The defense has said that it presented “photos” instead of the originals of the rental agreement.
  • First of all, essentially you can’t present a photo of something like a contract in a trial, I mean at least not normally. (lol)
  • To explain, it’s that the evidentiary value is completely different.
  • For whatever it is, the strongest evidence is the “original”.
  • Of course that would be the strongest. It’s easy to understand that the original with signature and seal has the most evidentiary value and is therefore the best.
    – 
  • Some people explain by saying that at times there is a strategy of at first not presenting the original, but instead weaker evidence, and then slowing bringing out more evidence like hidden balls, but such a thing would bring out anger from the presiding judge.
  • From the presiding judge’s perspective, that would double, triple the effort.
  • Of course if such evidence exists, it should be presented from the outset.
  • When presenting to the presiding judge, which [tactic] would be better at persuading the presiding judge, which would give him a poor impression and make it likely you’d get an unfavorable decision?
  • Therefore you should present the most beneficial evidence you have first, it’s really not good to present shoddy evidence first because later you’ve got some hidden ball-like thing, because in reality I don’t think there are many people that really do that.
  • If you present evidence a bit too late, it may not be accepted due to “protection from a delayed offensive”.
  • Presenting it late is an extremely risky strategy and not a strategy you would normally use.
  • If they really had the original, the defense should have presented it at the outset.
  • The original is the strongest. Though it’s not that I’m saying if it’s not the original that it’s no good at all. The evidentiary value is diminished, but a “copy of the original” is still ok. Even a copy can be used as evidence.
  • Because a copy could be modified, the evidentiary value is low.
    – 
  • There aren’t usually “photos” used for contracts
  • It could be that it’s a photo of the place’s questionnaire, or the realtor’s photo, but it’s still a contract.
  • For a contract, a “photo” won’t be submitted unless there are only photos. That’s because the evidentiary value is low.
  • The defendant submitted photos, not the original. Originally the sub-leasing company sends a pdf of the “short-term rental instructions and contract”.
  • Certainly they should have that original pdf on hand. I’m assuming that certainly there should be a printout of the pdf.
  • Originally if you had something that was just data and not printed out I guess you couldn’t help but just have a “copy” of that part.
  • Photographs that are not just a print of the original have *really* low evidentiary value. Of the 4 levels of presented evidence that’s around 1.
  • In the defendant’s TwitCast, on the question, “Why was there no signature and stamp page?”, his story is that, “That was torn out from the outset”, but it doesn’t make any sense to tear the signature and stamp page out of a contract. (lol)
  • That story, well, I’ve been in the legal department of a real estate company for more than 10 years now, and I’ve never heard of the signature and stamp page being cut out of a contract.
  • The reason why you exchange a contract is so after that, when there’s some problem (whether it’s specified there or not), you have that contract as a basis to work from.
  • When there’s a problem, as you’ll note I’ve written here, you will save it as evidence.
  • When you completely cut out the signature and seal page then the contract is meaningless, isn’t it? You don’t have a contract then, right? Because then there’s no signature and seal.
  • One wouldn’t normally think to cut out the signature and seal page. It’s unimaginable. The whole meaning of the contract will be lost.
  • If you have the guts to say from the outset that it was cut out, then you want to hide that signature and seal page, because you don’t want to submit it to the court so you did something like cut it out and you just can’t think of a reason.
  • Is it because you want there to be the suspicion that it would tell the court there was a different lessee?

[Due to the holidays, I’ll be working on the rest of the summary [about the explanatory statement submitted to the court] of the Takken Taro video later] ⛄

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