Nigerian man sues over evidence cover-up

[Samurai_Jerk]

Nigerian man sues over evidence cover-up in 2001 robbery case

A Nigerian man who is seeking a retrial over his conviction in a 2001 robbery case has filed a damages suit with the Kobe District Court against the central and local governments, accusing authorities of suppressing evidence, his lawyer said Monday.

The 40-year-old man is demanding 100 million yen ($912,000) in damages and an apology from the state and Hyogo prefectural government for the actions of prosecutors and police. He argues evidence that could have exonerated him was suppressed.

The man has also lodged a special appeal to the Supreme Court to reopen his case. The man was released in 2009 after being convicted of robbing a post office in Himeji, Hyogo Prefecture, of 22.75 million yen with a male relative in June 2001, and given a six-year prison sentence.

According to the lawsuit filed on May 20, prosecutors hid the results of a DNA test performed on a sample taken from a ski mask believed to have been worn by the thief, and did not submit the results to the court. In seeking a retrial, his lawyer has presented new evidence showing that the DNA sample could not have come from the Nigerian man and thus the real culprit could be a different person.

The lawsuit further asserts that police deleted surveillance camera footage showing the post office at the time of the robbery, which also could have identified the culprit.

[matsuki]

Criminal negligence much?

[Samurai_Jerk]

Criminal negligence much?

What he's alleging isn't negligence. Negligence would be sloppy investigative work by police or prosecutors. What he's describing is actively hiding evidence.

[matsuki]

I think the local "logic" is the prosecutors have the right to withhold evidence and the accused has no right to demand evidence like that from the investigation. No discover process either.

Have any J-prosecutors ever been convicted of anything regarding suppressing/manipulating/planting evidence?

[dimwit]

It's actually 'Obstruction of Justice' that they should be charged with if the allegations are true. In general, withholding or destroying evidence is not negligent.

[matsuki]

It's actually 'Obstruction of Justice' that they should be charged with if the allegations are true. In general, withholding or destroying evidence is not negligent.

That sounds better but is that even in Japanese law?

[gaijinpunch]

I think the local "logic" is the prosecutors have the right to withhold evidence and the accused has no right to demand evidence like that from the investigation. No discover process either.

Have any J-prosecutors ever been convicted of anything regarding suppressing/manipulating/planting evidence?

Yes, quite famously actually. Forgot the case but a few years ago a prosecutor had two aides change the last modify dates of some files which would damage the case of some politician (who was a woman). Total dick holes. They got caught w/ their hands in the cookie jar. Forgot what the sentence was, but it was too light I'm sure.

EDIT: Googled
http://www.japantimes.co.jp/life/2011/0 ... 0fBR5MrIxM

[matsuki]

Wow, that is a waaaay fucked and too light a sentence....

[Samurai_Jerk]

Wow, that is a waaaay fucked and too light a sentence....

I would say it was a pretty harsh sentence. He got as much time as a guy who drugged and drowned his mistress.

[matsuki]

Japanese Justice!™

Also: http://www.jiadep.org/Muraki_Atsuko.html

Muraki Brings Suit Against the State 28th December, 2010

An acquitted former senior official of the health ministry plans to file a suit as soon as Monday seeking state compensation for being wrongly charged in a postal abuse case, sources familiar with the matter said. The sources said Atsuko Muraki will file the suit with the Tokyo District Court demanding around 36.7 million yen in compensation and other payments for distress suffered as a result of her unjustified arrest and indictment by the Osaka District Public Prosecutors Office last year. A team from the Supreme Public Prosecutors Office acknowledged Friday that a scandal involving evidence tampering by senior Osaka prosecutors during their investigation of the case stemmed from ‘‘organizational issues,’’ as they paid little attention to inconvenient evidence and supervisors failed to appropriately oversee the investigation. Muraki was arrested in June 2009 and later indicted over the postal abuse case in which a bogus organization abused a mail discount system for handicapped people, but she was acquitted by the Osaka District Court in September this year.