Apology fails to dissipate anger, grief of falsely accused firm
The eldest son of Shizuo Aishima, former adviser to Ohkawara Kakohki Co., right, speaks at a news conference on June 11 in Tokyo's Chiyoda Ward. (Shota Tomonaga)
For a Yokohama-based company falsely accused of exporting equipment that could be used to make biological weapons, the apology that officials had long sought finally came.
However, anger and disappointment remain as one of the accused officials has passed away and the clock cannot be turned back to undo the damage.
Five years and three months have passed since the arrest of three officials of Ohkawara Kakohki Co., a manufacturer and exporter of spray dryers, in March 2020.
Their fight against the illegal investigation reached a major milestone on June 11 when the police and prosecutors declined to appeal a court ruling that the prosecution and arrests were illegal, and the award of damages to the three plaintiffs.
The Tokyo Metropolitan Police Department also issued an apology.
'It's finally over. It's all over now. The word 'apology' has finally been uttered,' Masaaki Okawara, 76, the president of the company, said at a news conference.
Since the Tokyo High Court ruled on May 28 that the investigation was illegal, Okawara and other plaintiffs had urged the MPD and the Tokyo District Public Prosecutors Office not to appeal the case. More than 40,000 signatures were collected online in support of their effort.
'So many people are saying, 'It is not right to appeal,'' Okawara said. 'I thought I had no choice but to ask them to make up their minds' to abandon the appeal.
Junji Shimada, 72, a former board member of the company, said, 'The clouds in my mind have cleared. It has been seven years since we faced a criminal investigation. It's finally cleared up.'
Shizuo Aishima, a 72-year-old former company adviser, was arrested and indicted along with Okawara and Shimada.
Aishima was diagnosed with stomach cancer while in custody and died before the prosecutors withdrew the indictment.
Shimada said he and Aishima promised each other when they submitted to voluntary police interviews, 'Let's have a drink together when this is over.'
Before going to the news conference on June 11, Shimada visited Aishima's grave and in front of the marker, he said he fulfilled the promise.
APOLOGY CAME 4 YEARS LATE
At the news conference, a number of questions were raised about the response of the police and prosecutors.
By not appealing the Tokyo High Court ruling, the award became finalized.
In response, the police and prosecutors announced that they will conduct a review of the investigation at that time.
However, no third-party person is included in the police and prosecutors' verification teams.
Neither organization has estimated how long it will take to verify the investigation.
Tsuyoshi Takada, a lawyer representing the plaintiffs, said, 'Internal verification is highly questionable in terms of transparency and fairness.'
He said that the company will continue to seek verification by a third party.
The police and prosecutors also indicated their intention to apologize directly to Okawara and others in the future.
But Aishima's eldest son, 51, who attended the news conference, angrily said, 'By right, they were supposed to apologize three years and 10 months ago, when they withdrew the indictment.'
The grieving son said, 'Time has passed, but my anger has not dissipated.'
'I can no longer tell my father that (they abandoned the appeal). I want them to turn back the clock.'
POLICE ADMIT FLAWED INVESTIGATION
Representatives of both the MPD and the Tokyo District Public Prosecutors Office spoke to reporters on June 11.
Hiroshi Nakashima, head of the Public Security Bureau of the MPD, said, 'At the very least, there was a problem with the conduct of the investigation.'
He said, 'There is no doubt that the investigation was not thoroughly conducted in a precise and appropriate manner, and we will examine the situation.'
He also said he 'will make arrangements as soon as possible' to offer a direct apology to those involved.
Junichiro Kan, a counselor in the MPD who is in charge of overseeing the verification team, said, 'We will proceed as quickly as possible under the guidance of the inspectorate division,' and that punishment will be considered 'based on the results of the review.'
On the other hand, Takashi Shinkawa, deputy chief prosecutor of the Tokyo District Public Prosecutors Office, explained to reporters the reasons for abandoning the appeal for about 45 minutes.
Shinkawa said, 'We take very seriously the fact that the detention request and prosecution were found illegal twice in the lawsuits.'
However, Shinkawa declined to give details about reviewing the case, citing that the Supreme Public Prosecutors Office, a higher authority, will conduct the review.
Hiroshi Yamamoto, deputy chief prosecutor of the Supreme Public Prosecutors Office, also spoke to reporters.
Yamamoto said that he will lead the review process, but that the scope of the interviews has not been specified at this stage.
VOW TO NEVER HAPPEN AGAIN
Yoshinobu Kusunoki, commissioner-general of the National Police Agency, spoke about the case at a news conference on June 12.
'It is extremely regrettable that the plaintiffs and other parties involved have suffered so much hardship and burden, and that public trust in the police has been undermined, and the National Police Agency takes this matter very seriously,' he said.
He said the NPA will ensure that a similar illegal probe will not be repeated in future investigations by the public security bureau of the police.
On June 11, the NPA issued a notice to each prefectural police urging them to ensure that they conduct precise and proper investigations and that senior officers take the lead in investigations conducted by the public security bureau.
Regarding the probe of the case to be conducted by the MPD, Kusunoki said that the NPA 'will provide the necessary supervision to ensure that it is conducted properly.'
Based on the results, the NPA will also compile points to keep in mind in investigations and measures to prevent a recurrence, and will strengthen and thoroughly instruct prefectural and metropolitan police, he said.
(This article was compiled from reports written by Noriki Nishioka, Saori Kuroda, Hiraku Higa, Koichi Fujimaki, and senior staff writer Shimpachi Yoshida.)
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