OSAKA -- A death-row inmate's legal team has asked the Osaka High Court to nullify the defendant's withdrawal of his appeal against the capital sentence handed to him for the deadly 2019 arson attack.

Shinji Aoba, 46, was sentenced to death in January 2024 by the Kyoto District Court for the July 18, 2019, arson of Kyoto Animation Co.'s Studio 1 building in Kyoto's Fushimi Ward. He had poured gasoline inside the building before setting it on fire, killing 36 people including employees and injuring 32 others. It was the deadliest arson in Japan since the start of the Heisei era (1989-2019). The defense pleaded not guilty, arguing that Aoba had suffered from delusions due to a mental illness and contested the existence and extent of criminal responsibility.

Under Japan's Code of Criminal Procedure, defendants are allowed to withdraw appeals, which finalizes the court's verdict. Although there is no explicit legal provision, defense lawyers can contest the validity of such withdrawals. In past cases, withdrawals have been nullified when defendants were deemed unable to protect their rights due to the shock of a death sentence.

Although Aoba initially appealed the sentence, he dropped the appeal on Jan. 27, effectively finalizing the death penalty. However, on Jan. 30, his legal team filed documents with the Osaka High Court to challenge the validity of Aoba's decision.

While the content of the documents remains undisclosed, the defense likely argues that Aoba may not have fully understood the consequences of abandoning the appeal. The high court is expected to review the matter in private proceedings to decide whether to open an appeal trial.

(Japanese original by Ryoko Kijima, Osaka City News Department)