ARK Angels Case Update
Update on the ARK Angels Case
*This is a summary translation. For the original version please refer to the Japanese.
ARK would like to explain the details of the provisional execution procedures (freezing of accounts and indirect compulsion) as delivered by the Osaka District Court to Mr. Hayashi.
We have been monitoring Mr. Hayashi’s movements since the decision was delivered on April 23, 2009. When he updated his organization’s blog on April 27, he stated explicitly that he is opposed to the Osaka court’s ruling and will appeal it, and he will continue to use the name of ARK Angels illegally. There were several false accusations and character assaults about Elizabeth Oliver and ARK on the blog. Mr. Hayashi has also continued to write false accusations and character assaults about Elizabeth Oliver and ARK on his personal blog.
However in the Osaka District Court’s ruling that Mr. Hayashi must not use the name of ARK Angels, the court included a declaration of provisional execution, which prevents Mr. Hayashi from using the name even during the period of appeal. A declaration of provisional execution is only issued by a court when deemed necessary.
Nevertheless, Mr. Hayashi has made no moves to stop using the ARK Angels name and has caused only harm to ARK and Elizabeth Oliver. In order to stop Mr. Hayashi from using the name of ARK Angels, ARK was compelled to request the court to freeze his accounts as well as to pay a fine for using the name illegally. The was no other purpose for this court case than to get Mr. Hayashi to stop using the ARK Angels name illegally.
ARK agrees with the ruling of the court. Mr. Hayashi has been given sufficient opportunities to plead his side of the case. The court has heard both sides and ruled in favour of ARK. It was the court that came to the decision to use indirect compulsion by means of freezing his accounts if he continues to us the ARK Angels name.
Mr. Hayashi is claiming that the court decision is hampering the activities of his organization. ARK has no intention of hampering his activities; all we ask is that he stop using the name of ARK Angels. ARK knows that this matter can be quickly resolved if Mr. Hayashi changes the name of his organization and we are anxiously waiting for him to do so.
An article regarding the ARK Angels incident has been published in the Japan Therapy Dog Network newsletter “Animal Law News.” Please see the article below (Japanese only). We will respond to any inquiries about this case using this report and background materials.
13 June 2009