Senior Tokyo police, prosecutor apologize to machinery maker over illegal probe
YOKOHAMA -- Two top Tokyo police and prosecution officials apologized in person to current and former executives of machinery maker Ohkawara Kakohki Co. at the latter's office here on June 20, following a high court ruling recognizing the illegality of their investigations based on allegations the company was involved in illegal exports.
Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department (MPD), and Hirohide Mori, head of the public security division of the Tokyo District Public Prosecutors Office, visited the company headquarters in Yokohama, Kanagawa Prefecture, to offer a direct apology to President Masaaki Ohkawara, 76, and former director Junji Shimada, 72.
The visit came after the Tokyo High Court ruling deeming the investigations by the MPD's Public Security Bureau and the Tokyo prosecution office to be unlawful was finalized.
Kamata bowed his head and stated, "We deeply apologize for the great anxiety and burden caused by the investigations. We are truly sorry."
Mori also offered his apologies and added, "We will strive to exercise prosecutorial powers appropriately to ensure that such incidents do not occur again."
President Ohkawara responded, "It would have been preferable for this apology to come at an earlier stage. I hope that you value those who testified in court and improve the organizations: good police and good prosecution."
The MPD's Public Security Bureau arrested Ohkawara, Shimada and another individual in March 2020 on suspicion of illegally exporting equipment capable of being diverted to military use in violation of the Foreign Exchange and Foreign Trade Act. Tokyo prosecutors initially indicted them but subsequently dropped the charges in July 2021.
While President Ohkawara and others had consistently demanded an apology from law enforcers, the MPD and the district prosecutors office had not complied on the grounds that the company had filed a state compensation suit. Their apology on June 20 came about four years after the charges against the company personnel were withdrawn.
Apart from the apology, the company is also demanding that the police and prosecutors launch an investigation into their own probes with the involvement of third parties. While the MPD and the Supreme Public Prosecutors Office have announced that they will respectively examine the problems, they have suggested conducting internal investigations.
The May 28 Tokyo High Court ruling recognized that the MPD's Public Security Bureau arrested the president and others by making a stretched interpretation of the Ministry of Economy, Trade and Industry's export control ordinance in a way that was far detached from international standards. "The Public Security Bureau's interpretation lacked rationality, and there were basic problems with their judgment regarding the establishment of the criminal charges," the court found. The court also ruled that the interrogations of Shimada by an inspector at the MPD's Public Security Bureau employed deceptive tactics leading to misinterpretation of ministerial ordinances.
In regard to a temperature experiment on the equipment in question, conducted in an attempt to prove the unlawful export charges, the court acknowledged that the Public Security Bureau and the district prosecutors office neglected to conduct additional experiments while being aware of flaws in the initial experiment. Furthermore, the court ruled that the indictment by the district prosecutors office despite skepticism about the interpretation of the export control ordinance and the absence of extra experiments constituted "a case lacking charges for which the accused could be found guilty."
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Kyodo News
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KYODO NEWS - 2 hours ago - 20:13 | All, Japan Tokyo police and prosecutors on Friday apologized in person to two men over their wrongful arrest and indictment in 2020 in a case involving the suspected unauthorized export of sensitive equipment. The apology comes after the finalization last week of a Tokyo High Court ruling that ordered the metropolitan government and state to compensate Masaaki Okawara, president of Ohkawara Kakohki Co., and Junji Shimada, one of the company's former directors. Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department, and Hirohide Mori, head of the Tokyo District Public Prosecutors Office's public security bureau, apologized for the stress the men had to undergo due to the investigation during a visit to the head office of the Yokohama-based machinery maker. Okawara, 76, who was detained for nearly a year, said in response, "It would have been better if the apology had come much earlier." The family of Shizuo Aishima, a former adviser to the company who died in February 2021 at age 72 after falling ill during detention, was not present during the meeting. In a statement issued through their lawyer, the family said they "cannot accept an apology under the current circumstances." During the meeting, Kamata mistakenly called Shimada, 72, "Yamamoto," while Mori also referred to the company by the wrong name. Kamata told reporters afterward that authorities failed to thoroughly investigate the case, which involved the export of spray-drying apparatus that investigators suspected could be used in the process of making biological weapons. "We will review (the case) carefully without preconceptions," he said. The company has been seeking a third-party review of the investigation, but the police and prosecutors have expressed reluctance to accept such a probe. Okawara, Shimada and Aishima were arrested and indicted between March and June 2020 on suspicion of exporting spray dryers capable of producing biological agents without authorization. But the prosecutors withdrew the indictment in July 2021. In late May, the Tokyo High Court ruled the investigation of the three men was illegal and ordered the metropolitan government and state to pay about 166 million yen ($1.14 million) in damages to the plaintiffs. Related coverage: Compensation by Tokyo gov't, state finalized over illicit probe High court orders Tokyo gov't, state to compensate for illicit probe
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5 hours ago
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7 hours ago
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YOKOHAMA -- Two top Tokyo police and prosecution officials apologized in person to current and former executives of machinery maker Ohkawara Kakohki Co. at the latter's office here on June 20, following a high court ruling recognizing the illegality of their investigations based on allegations the company was involved in illegal exports. Tetsuro Kamata, deputy superintendent general of the Metropolitan Police Department (MPD), and Hirohide Mori, head of the public security division of the Tokyo District Public Prosecutors Office, visited the company headquarters in Yokohama, Kanagawa Prefecture, to offer a direct apology to President Masaaki Ohkawara, 76, and former director Junji Shimada, 72. The visit came after the Tokyo High Court ruling deeming the investigations by the MPD's Public Security Bureau and the Tokyo prosecution office to be unlawful was finalized. Kamata bowed his head and stated, "We deeply apologize for the great anxiety and burden caused by the investigations. We are truly sorry." Mori also offered his apologies and added, "We will strive to exercise prosecutorial powers appropriately to ensure that such incidents do not occur again." President Ohkawara responded, "It would have been preferable for this apology to come at an earlier stage. I hope that you value those who testified in court and improve the organizations: good police and good prosecution." The MPD's Public Security Bureau arrested Ohkawara, Shimada and another individual in March 2020 on suspicion of illegally exporting equipment capable of being diverted to military use in violation of the Foreign Exchange and Foreign Trade Act. Tokyo prosecutors initially indicted them but subsequently dropped the charges in July 2021. While President Ohkawara and others had consistently demanded an apology from law enforcers, the MPD and the district prosecutors office had not complied on the grounds that the company had filed a state compensation suit. Their apology on June 20 came about four years after the charges against the company personnel were withdrawn. Apart from the apology, the company is also demanding that the police and prosecutors launch an investigation into their own probes with the involvement of third parties. While the MPD and the Supreme Public Prosecutors Office have announced that they will respectively examine the problems, they have suggested conducting internal investigations. The May 28 Tokyo High Court ruling recognized that the MPD's Public Security Bureau arrested the president and others by making a stretched interpretation of the Ministry of Economy, Trade and Industry's export control ordinance in a way that was far detached from international standards. "The Public Security Bureau's interpretation lacked rationality, and there were basic problems with their judgment regarding the establishment of the criminal charges," the court found. The court also ruled that the interrogations of Shimada by an inspector at the MPD's Public Security Bureau employed deceptive tactics leading to misinterpretation of ministerial ordinances. In regard to a temperature experiment on the equipment in question, conducted in an attempt to prove the unlawful export charges, the court acknowledged that the Public Security Bureau and the district prosecutors office neglected to conduct additional experiments while being aware of flaws in the initial experiment. Furthermore, the court ruled that the indictment by the district prosecutors office despite skepticism about the interpretation of the export control ordinance and the absence of extra experiments constituted "a case lacking charges for which the accused could be found guilty."
