In a Monday retrial of Mr. Govinda Prasad Mainali, a Nepalese man who had been convicted and sentenced to life in prison for the March 1997 robbery-murder of a 39-year-old Tokyo woman, the prosecution reversed its position and stated that he is innocent. The Tokyo High Court will acquit him on Nov. 7.
Developments in the case revealed that the prosecution tried to hide evidence or to delay DNA tests on evidence. Only in September 2010 — 13 years after Mr. Mainali was put behind bars — did the prosecution reveal their possession of a piece of frozen gauze containing semen taken from the victim's body, which a subsequent DNA test revealed was not Mr. Mainali's. Despite its abhorrent conduct, the prosecution insists that it did not commit any errors and has refused to apologize. Its attitude must be strongly denounced. The court also erred in its judgement. The judiciary should examine its conduct and publicize the findings.
On June 7, the Tokyo High Court decided to retry Mr. Mainali on the basis of the semen's DNA test results. The court then ordered him released and he was deported to Nepal due to a prior conviction for visa violations. Monday's retrial was held in absentia.