In March 1974, two children disappeared one after another at "Kabutoyama Gakuen", an institution for mentally handicapped children located at the root of Mount Kabuto,Nishinomiya-City, Hyogo Prefecture. They were found drown in the septic tank of the institution. Police took this for a murder case with no proper investigation and arrested Ms. YAMADA, Etsuko, a then nurse, accusing her of murdering one of the children. She was however released without being prosecuted because of lack of evidence.

Notwithstanding, Ms. Yamada was re-arrested and prosecuted four years later (1978) because new testimonies were allegedly obtained from the children of the institution. In the meantime, Ms.Yamada had filed a lawsuit for state redress to establish her being non-guilty against her first arrest and prosecution.
At the same day of Ms.Yamada's re-arrest, the public prosecutor's office had two other people arrested, Mr. Araki, former principal of Kabutoyama Gakuen and Ms.Tada, Ms. Yamada's ex-colleague, and indicted them for perjury as they allegedly tried to testify Ms. Yamada's alibi at the lawsuit.

All three were baled but are now involved in a lengthy series of trials. The Kobe District Court of first instance dismissed the prosecutor's allegations on all the issues and acquitted her in 1985. The two witnesses were also cleared of perjury in 1987. Despite the prosecutor's appeal, the trial at the Osaka High Court was concluded with no proof established. However, in 1990, the Osaka High Court referred the case back to the Kobe District Court insisting that "the proceedings were inadequate at the court of first instance, which forms a conviction of Ms. Yamada in effect. She lodged an appeal but it was dismissed. The trial started again at the Kobe District Court. Evidences presented by the prosecutors at this court are by no means convincing, only attempting at developing a suspicious atmosphere. In contrast, a number of additional evidences and testimonies for her alibi have been presented in the meantime to make us more and more certain of her being not guilty.

On March 24,1998 Ms. Yamada and Mr. Araki were acuquitted by the Kobe District Court . Ms.Tada also got the sentence of not guilty. But the Kobe District Public Prosecutors Office made decision to file Koso-appeal on April 6, 1998. The Kabutoyama trial is going to start again at the Ohsaka High Court.

This trial has continued for more than 20 years.