Photo/Illutration Yudai Togitani speaks at a news conference with a photo of daughter Hinami in Ichinomiya, Aichi Prefecture, on Sept. 2. (Akimitsu Ishigaki)

ICHINOMIYA, Aichi Prefecture—A criminal trial over a traffic accident that killed a pregnant woman could see an additional charge brought against the driver concerning the debilitating injuries suffered by the fetus.

The first hearing of the trial was held on Sept. 2 at the Ichinomiya Branch of the Nagoya District Court.

Naoko Chigono, 50, an unemployed resident of Ichinomiya, Aichi Prefecture, is accused of fatally striking a pregnant pedestrian with her passenger vehicle around 3:50 p.m. here on May 21.

Chigono has admitted to the charge of causing death by negligent driving.

Sayaka Togitani, 31, who was hit by the car that Chigono was driving, was taken to a hospital. She died from her injuries, but her baby daughter, Hinami, was delivered by emergency caesarean section.

However, the newborn was unable to breathe on her own and remains hospitalized on a ventilator.

Prosecutors announced in court on Sept. 2 that they plan to conduct an additional investigation regarding the extent of Hinami’s injuries and possible disabilities.

They asked for a two- to three-month stay in the trial for the investigation. It is widely believed they will use the time to decide whether they can seek Chigono’s criminal responsibility for the harm caused to Hinami.

The defendant did not show any opposition to this move.

“I’m responsible for everything,” Chigono said in court. “I will accept any punishment regarding both Sayaka and Hinami.”

According to Sayaka’s husband, Yudai, 33, the accident caused brain damage in the fetus, leaving Hinami with severe disabilities and unable to move her body after she was born.

At a news conference on Sept. 2, Yudai said he submitted a petition with 112,284 signatures to the Ichinomiya branch of the Nagoya District Public Prosecutors Office, calling for the defendant to be indicted on a charge of causing injury to Hinami by negligent driving.

The current indictment only concerns Sayaka’s death.

“My daughter hasn’t even reached the starting line,” Yudai said. “I believe this additional investigation (by prosecutors) will be conducted to consider a possible new indictment. If we hadn’t spoken up, this case would’ve ended as it was.”

Yudai said the signatures were collected by Sept. 1.

“The petition campaign prompted people to learn about the legal responsibilities toward such fetuses,” he said.

Ryoji Mori, a lawyer representing Yudai, expressed hope that prosecutors would bring about the additional indictment.

He said if such drivers are not punished, then “children born with severe disabilities like Hinami would be left unprotected, which is morally unacceptable.”

In Japan’s criminal law, the general theory is that “the fetus is part of the mother.” This would make it difficult to establish Hinami as a “victim.”

But there have been guilty rulings concerning injuries to fetuses in traffic accidents involving the expectant mothers.

 

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