Hitoshi Matsumoto in downtown (Photo: Afro)
November 08, 2024 17:50
A lawsuit in which Hitoshi Matsumoto of the comedy duo Downtown is seeking compensation of 550 million yen from publisher Bungeishunju and others over an article in Weekly Bunshun in which he is accused of forcing women to perform sexual acts. On November 8th, Matsumoto’s side announced that they had withdrawn the lawsuit.
Matsumoto said, “I once attended a meeting where women participated.If any of the women who attended felt uncomfortable or were hurt, I would like to sincerely apologize. “I will,” he commented.
What does this “withdrawal of the complaint” mean?
●Matsumoto: “Withdrawal of the case” Bunshun: “After consultation with the women, we agree to the withdrawal.”
On the same day, Matsumoto’s attorney announced on his website, “Based on discussions between both parties, the plaintiff has withdrawn the case, the defendants have agreed to this, and the trial has been concluded.We would like to inform you that.” .
There will be no payments made between the parties or to other parties involved.
Mr. Matsumoto himself stated that in withdrawing the lawsuit, he thought, “I would like to avoid causing further burden and inconvenience to many people by proceeding with the trial.”
In addition, on the same day, Shukan Bunshun also published a comment from Editor-in-Chief Takeda Sei on Bunshun Online.
“Regarding the lawsuit we announced today, we received a message from the plaintiff’s attorney that he would like to publicly apologize to those who have been hurt, and after consulting with the women and others, we have decided to withdraw the lawsuit as the defendant. As we have been informed, there was no payment or receipt of any money at the time of this withdrawal.”
In January of this year, Ms. Matsumoto filed a lawsuit with the Tokyo District Court stating, “I would like to clearly assert and prove that there are no facts that fall under the category of “sexual assault,” and so far, preparations for arguments have been made. However, it ended in an unexpected way.
What does it mean that the plaintiff, Mr. Matsumoto, has “withdrew his lawsuit”?
●“Withdrawal of complaint” requires mutual agreement of both parties
According to a release posted on the homepage of Yoshimoto Kogyo and other companies, Matsumoto has “withdrew the lawsuit” in agreement with Bunshun.
Legally, the withdrawal of a lawsuit “does not take effect unless the other party’s consent is obtained after the other party has submitted a brief on the merits, made a statement in the preparatory proceedings, or made an oral argument.” (Article 261, Paragraph 2 of the Code of Civil Procedure).
It appears that this trial took place before the second hearing preparation date, so it is natural that Bunshun’s consent would be required in this case.
For Matsumoto’s side, it is unclear whether the case will be successful if the lawsuit continues, and rather than continuing the lawsuit and being unable to return to the entertainment industry, Matsumoto decided to withdraw the lawsuit and aim for an early return. I think that’s what it means.
●The lawsuit would have continued if Bunshun had not responded.
By the way, if Bunshun did not agree to “withdraw the lawsuit,” the lawsuit would have continued. If Matsumoto’s side fails to prove the case, the plaintiff (Matsumoto) will lose the case.
Since Matsumoto’s side has withdrawn the lawsuit, it may be that there was no effective means of proof that would have allowed the matter to be resolved quickly.
On the other hand, Bunshun’s reason for agreeing to withdraw the lawsuit is that there is no point in continuing the lawsuit when the other party is trying to withdraw it.
There may be cases in which it would be better to receive a judgment without agreeing to the withdrawal, but in this case, if the lawsuit is withdrawn, Bunshun will simply be left without a word from Mr. Matsumoto.
Moreover, given that Mr. Matsumoto has expressed an “apology” to those who have been hurt, there is little chance that this incident will be revisited. I don’t think it is necessary for Bunshun to go to the trouble of continuing to litigate as the defendant and obtain a judgment in favor of the plaintiff.
This article is based on information and laws as of the date of publication.
