Bikash Sangraula

An important piece of evidence hidden for 14 years by Japanese prosecutors emerged Monday bolstering the claim of a Nepali man jailed in Japan that he is innocent. Blood group of saliva traces found on the breast of a Japanese woman murdered on March 8, 1997, in Tokyo does not match that of Govinda Prasad Mainali, 44, from Ilam district, who is serving life sentence for the murder, Japanese media reported Monday.

The saliva´s blood type is O, while Mainali has B type blood.

Monday´s reports in Japanese media about the new development were sharply critical of the concealment of this evidence.

The Daily Yomuiri, in its report headlined “Prosecutors concealed crucial evidence” said the saliva was collected immediately after the woman´s body was found on March 19, 1997, and the blood type of the person it came from was determined soon after.

“The prosecutors withheld the information from both Mainali´s lawyer and the Tokyo District Court, which first tried Mainali,” said The Daily Yomiuri. “If the evidence about the saliva had been revealed to the defense and courts, he may not have been convicted,” it added, citing sources.

Despite concealment of the evidence, Tokyo District Court found Mainali not guilty in April 2000. But the prosecution, again presenting selective evidence, appealed at the Tokyo High Court that found him guilty and jailed him for life based on circumstantial evidence.

Mainali left for Japan in 1994 to see the world. He worked as a waiter in Tokyo until Tokyo police arrested him in March 1997, first on the charge of overstaying his visa and then on the charge of murdering 39-year-old Yasuko Watanabe, who worked at Tokyo Electric Power Co and also moonlighted as a prostitute.

Mainali, who has consistently pleaded not guilty, has appealed for a retrial since 2005.

Second strong evidence for Mainali

This is the second strong evidence in support of Mainali´s innocence to have emerged in little over a month.

In late July this year, DNA tests revealed that semen sample collected from the woman´s body back then was not Mainali´s.

In fact, the semen sample matched a body hair sample found in the room where the woman´s body was found, suggesting the presence of another man in the room in Tokyo´s Shibuya Ward at the time of the murder.

The two evidences strongly contradict the Tokyo High Court´s verdict of December 2000 that said, “It is inconceivable that a third party entered the room with the victim.”
Evidences in favor of Mainali started tumbling down the closet of Tokyo High Public Prosecutors Office after Tokyo High Court ordered a reexamination of evidences this year in response to Mainali´s request for retrial.

Cautious optimism

Mainali´s family members who after the DNA test results in July dared dream after a long time that their kin would soon find justice and return home are, however, cautiously optimistic after Monday´s development, as the prosecutors say they will reveal around 40 pieces of previously unreleased evidences and conduct fresh DNA tests on as many items, hinting the case could drag on.

“Our concern is whether further tests and evidence disclosure will be fair,” said Indra Mainali, the elder brother of the jailed Nepali.

Indra, and Govinda´s wife Radha are flying to Tokyo on September 10.

The fact that prosecutors were selective in disclosing evidence in the past has left the family members worried over the possibility of selective disclosure this time as well.

Mainali´s defense counsel in Japan, and the Justice for Govinda-Innocence Advocacy Group Japan set up mostly by Japanese citizens who have from the beginning stood for Mainali, have not made any decision so far as to how to respond to the intention of the prosecutors to reveal further DNA evidences.

A report carried by The Mainichi Daily News said on Monday that “the defense counsel may not agree to the new tests on the grounds that it is expected to take some time to compile a new DNA analysis report, delaying a decision by the Tokyo High Court on Mainali´s request for a retrial.”

It added that the defense will consider carefully whether further analysis, as proposed by the prosecutors, is necessary. Mainali´s defense team is expected to submit its opinion to the court by the end of this month after the prosecutors submit their opinion by Sept. 16.

Published on: 6 September 2011 | Republica