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Appeals court turns over lower court's acquittal

Date Posted: 2003-03-28

The Appeals Court turned over the Naha District Court's acquittal of a man who had been on trial for drug use.

The lower court had acquitted the man on grounds that Gushikawa Police acted illegally when they subjected the man on a urine test after they had arrested him on charges of domestic violence. The court decided that the police had no right to perform such test and dismissed the positive results of the test as evidence.

The prosecutors appealed the lower court's sentence. In its decision the appeal court judge ruled that the lower court's reasoning was wrong. The appeals court sentenced the man to one year in prison.

However, the man's lawyer filed immediately an appeal to the high court. "My client was clearly arrested on charges of domestic violence and the police had no right to subject him to the urine test. If they suspected him of drug use, they should have arrested him on those charges after letting him out of jail after the first arrest. The police can't chance the charges arbitrarily. That's why we appeal," the lawyer said.

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