Toyko, Japan - The defense counsel for Shoko Asahara, founder of the cult formerly known as AUM Shinrikyo, asked the Tokyo High Court on Wednesday for an open hearing with the psychiatrist who examined him and determined he was fit to stand trial.
The lawyers also sought a reexamination of the mental state of their defendant, who they say is in a state of serious mental disorder and cannot stand trial, and recommended two psychiatrists to undertake the task.
The defense attached a written opinion by Haruo Akimoto, a former University of Tokyo professor who met Asahara in February, who says the psychiatric report presented to the high court last month by psychiatrist Akira Nishiyama is wrong.
Akimoto is one of six psychiatrists the lawyers had asked to examine Asahara, whose real name is Chizuo Matsumoto. They said they will also submit similar documents by the other five once they are ready.
Nishiyama says in the report, which he compiled at the request of the Tokyo High Court and submitted to it on Feb. 20, that Asahara has kept silent of his own free will and suggests he is mentally competent to stand trial.
The report says Nishiyama interviewed Asahara, observed his behavior and did physiotherapy checks three times at the Tokyo Detention House on Sept. 26, Oct. 5 and Dec. 12 last year.
Asahara, who turns 51 on Thursday, was sentenced to death at the Tokyo District Court in February 2004 for his role in 13 criminal cases, including the 1995 sarin gas attack on the Tokyo subway system. He has appealed the ruling to the high court.
In his written opinion, Akimoto noted that Nishiyama said Asahara has not reached the standard of having developed a mental disorder related to incarceration but did not clarify what the standard was.
Akimoto also said the report contains an incorrect diagnosis and so its principal text should not be used.
The high court asked the defense counsel to file its opinion on Nishiyama's psychiatric report in written form by March 15.
Asahara's death sentence may stand if the high court concludes he is mentally competent, as his lawyers did not submit a statement giving the reason for the appeal by the deadline of last August. The lawyers have said they did not meet the deadline as they could not communicate with the defendant.
AUM Shinrikyo has renamed itself Aleph.