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Retrial of Nepali convicted in 1997 murder case clears way for acquittal

18 Comments

The retrial of a Nepali man who was convicted of murdering a woman in 1997 was held in Tokyo on Monday, clearing the way for him to be acquitted.

Prosecutors read out a statement during the 30-minute "trial" before the Tokyo High Court, Fuji TV reported. The statement said that there was now a strong possibility that someone other than Govinda Prasad Mainalily committed the murder.

The court will issue its verdict on Nov 7.

Mainali, 46, was freed in June after serving 15 years in jail. He was accused of choking to death a 39-year-old employee of Tokyo Electric Power Co (TEPCO) in March 1997. After he was released, immigration authorities deported him because he had been illegally staying in Japan at the time of the crime.

In granting the retrial, the court said Mainali doesn't have to return to Japan for the proceedings.

The case came back into the headlines in August 2011 after it was revealed by the Tokyo High Public Prosecutors Office that saliva found on the victim's breasts belonged to a person of blood type O, which was different to that of Mainali.

Mainali's defense called for fresh DNA tests and a retrial following the discovery.

Mainali at the time was working illegally at an Indian restaurant near the Shibuya apartment where the woman’s body was found. According to the tabloid media, the woman led a double life – TEPCO economist by day, prostitute by night. Mainali was said to be one of her customers.

He pleaded not guilty to murder and was found not guilty by a Tokyo District Court judge. Prosecutors promptly appealed, and the Tokyo High Court in December 2000 secured the guilty verdict they sought. The Supreme Court upheld the verdict in October 2003.

In their statement, prosecutors did not offer an apology to Mainali.

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18 Comments
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Interesting that they have to actually do a "trial," when the prosecutors themselves acknowledge he likely didn't do the crime, and can't simply hold a hearing to dismiss the case.

8 ( +8 / -0 )

In their statement, prosecutors did not offer an apology to Mainali.

They won't because they don't care about the rights of foreigners in the first place-- accountability? Who cares!? That's their attitude.

11 ( +14 / -3 )

They have the most irresponsible legal system. Their logic is basically this: if he is in court, he was at the wrong place at the right time, and that is enough to say he is guilty of something! Then they charge him with the crime because they cannot find the real criminal. Please require these idiots to watch Colombo or some other TV police drama to learn the Basics. Low intelligence + Discriminating mindsets + Incompetence There you go Japanese prosecutor ...

5 ( +8 / -3 )

15 years stuck in prison and not even one apology??? I'd be more than pissed. Hope he gets a lot of cash

14 ( +14 / -0 )

Miscarriage of justice from the get go, enjoy your freedom and don't look back. The original prosecutor should be put on trial for putting an innocent man in jail.

9 ( +9 / -0 )

15 years stuck in prison and not even one apology??? I'd be more than pissed. Hope he gets a lot of cash

My sentiments exactly!! I can't begin to imagine how much abuse he endured for being a foreigner too while in prison. I hope he gets well compensated!

10 ( +10 / -0 )

I hope that there is an investigation into why the saliva information was held back until 2011.

5 ( +5 / -0 )

Its not just that they dont care about foreigners. It happens for Japanese too. The justice system here is based on the fact that if you are arrested, you are guilty; The court case is just a a show - the verdict is determined during the 21 days of police custody where you get no lawyers/representatives to help you out.

11 ( +11 / -0 )

@nedinjapan

"They have the most irresponsible legal system"

Really ? Maybe you should move to China where everyone gets a fair trial, or American where no black person has ever been sent to prisons without credible evidence.

-10 ( +3 / -13 )

No apologies?!

Wrongful imprisonment - wouldn't that be tantamount to kidnapping?

0 ( +1 / -1 )

Sorry to say "external" pressure always plays a more effective role than "internal" when it comes to implementing changes long overdue in Japan. While a sound amount of cash is likely to be paid out to him for a settlement and his agreement to remain quiet, nonetheless hope he considers remaining involved and continuing to raise his voice calling out for and pressurizing the entire interrogation/prosecution system to be changed in Japan for protection of basic human rights.

1 ( +1 / -0 )

Japan is a scary scary place as far as the "justice" system goes, way beyond primitive.

Any body in Japan can get snared & hung out to dry at any moment, its the kind of system dictators dream about!

3 ( +4 / -1 )

15 years of Jail without any solid proof!

Deportation (after 15 years) because illegally stay in Japan "at the time of" the crime

Hidden Saliva reports till August 2011

No Apology!

May be no compensations!

WTH? is there anything called "Human Rights" in Japan?

2 ( +2 / -0 )

WTH? is there anything called "Human Rights" in Japan?

Japan is a pseudo democracy so don't expect full human rights.

2 ( +2 / -0 )

I bet he has got more money now that working 15 years of illegally staying Japan. And one thing I notice is, when I saw his family on TV they were all smiling and happy. $$$$$$$$ yeah!!! if you know what Im talking about. But, Its good to see a guilty men have his Freedom back.

1 ( +1 / -0 )

They have the most irresponsible legal system.

Ned, as many problems as there are, I have to disagree on this one. There are actually legal systems in the world where prisons are "for-profit", if you can imagine!

0 ( +1 / -1 )

There are actually legal systems in the world where prisons are "for-profit", if you can imagine!

America, for example.

1 ( +2 / -1 )

@Stranger_in_a_Strange_Land: Yep! Our system is jacked-up in the United States.

Regardless, this guy deserves a full apology & compensation for his wrongful imprisonment.

If not, then hopefully his government will get involved, expand coverage of the case internationally, & force them to apologize by publicly shaming them into apologizing & compensating.

-1 ( +0 / -1 )

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