Last ditch move for Japan fair trial

The family of framed man Nick Baker are using a facility under Japanese law to demand the reopening of an investigation to secure him a fair trial in Japan on drug-smuggling charges. He asserts his innocence, alleging he was duped.

On hearing that Nick's mother has demanded the indictment* of travelling companion 'Mr Jones', London's Liberal Democrat MEP Baroness Sarah Ludford said:

"It is damning of the lack of true justice in Japan that Mrs Baker has been forced to make this latch ditch effort to get the national agencies to properly investigate the travelling companion. Local prosecutors refused to pursue him although they named him as an international drug smuggler!"

"If it is claimed - which Nick denies - that he and 'Mr Jones' plotted to bring drugs into Japan, how can law enforcers fail to investigate 'Mr Jones'? They are knowingly letting a criminal go free and preventing Nick getting a fair trial. Wilful refusal to allow the truth to be heard amounts to an unfair trial, in breach of Japanese and international law."

"The Japanese agencies must now act upon the letter of indictment as any responsible investigating authority would. They merely have to contact the Belgian police, examine their own files on hand and question a man that the prosecution has already labelled a criminal."

"Surely they will not let us assume that they find it easier just to prosecute the fall guy - exploiting a dodgy 'confession' he signed without understanding it and a 99.3% conviction rate - rather than take the trouble for a proper investigation that might require more effort?"

Sabine Zanker of Fair Trials Abroad added: "We find it quite telling that a strong measure like this letter of indictment is needed to force the Japanese authorities to implement their own law. It is worth the effort to save an innocent man."

Note to editors

*Japanese law allows a third party who has knowledge of a crime to submit a letter to the Japanese law enforcement agencies indicting a criminal and demanding an investigation. Nick's mother Iris has done this since she is aware of the crime committed by Nick's travelling companion 'Mr Jones' who is suspected of duping Nick into smuggling drugs.

The Japanese authorities have already accepted that 'Mr Jones' did indeed commit this crime, since the basis of the prosecution case is that Nick was an accomplice. They accept Nick was not carrying his own bag and yet, extraordinarily, they failed to arrest 'Mr Jones' at the airport or for three days afterwards with full knowledge of his whereabouts in Tokyo. No charges have been brought against him whilst the prosecution asserts that both men were involved in the drug trafficking.

This move comes as defence lawyers still await the decision of the court as to whether it will postpone a verdict in anticipation of evidence arriving from Belgium about Mr Jones.

Letter of indictment (in accordance with Japanese Criminal Prosecution Law Section 239) Translation

June 10th, 2003

Iris Baker: The Accuser

Mr Jones: The Accused

To:

1.Tokyo Metropolitan Police International Investigative Division

Kasumigaseki 2, Chiyoda-ku, Tokyo Japan 100-8929

2. National Police Agency

Tokyo-to Chiyoda-ku Kasumigaseki 2-1-2

3.Tokyo Prosecution Office

Tokyo-to Chiyoda-ku Kasumigaseki 1cho-me

Substance of the indictment

The accused is suspected of smuggling narcotics in violation of the customs laws and the laws governing controlled substances and we demand that he be punished for these crimes.

The facts in this case

According to the documents submitted to the court by the Chiba Prosecutor's office (attached to this indictment letter), Mr Jones, around noon of April 13th last year, handed over a false-bottomed suitcase carrying large quantities of MDMA and cocaine to his traveling companion at Narita airport and thus tried to smuggle these drugs into the country of Japan.

The circumstances, which led up the indictment

While Mr Jones was staying in Japan, the Customs Agency and the Chiba Police monitored his actions, even taking photos, but neither arrested him or even questioned him and let him leave the country. The Chiba Prosecutor, while stating in court that Mr Jones is a criminal and a smuggler, has failed to pursue his location or investigate him. Although the prosecution has been aware for some time that Mr Jones was arrested for drug smuggling charges in Belgium and detained there, they have failed to collect evidence from the Belgium authorities, and missed another chance to interrogate him, nor have they even requested his arrest.

If the claims the Chiba Prosecutor has made in court are true, they have decided to leave a criminal on the loose; this is inexcusable. Knowing the irreparable harm that drug use wrecks on society, we are certain that the Japanese authorities would not allow this crime to go unpunished. Of course, Japan, which enjoys friendly relations with England, would also not wish the British people to suffer because of this manfs drug dealing activities.

(Unlike the Chiba authorities) We know that you are capable of performing an international investigation, and we ask that you investigate and punish Mr Jones, which your own court system has labeled a heinous criminal.

We have enclosed the text of the opening and closing remarks of the prosecution for your reference.

Other crimes of Mr. Jones

The accused has also been arrested in Belgium for a similar crime, the details which we have provided for you. In Belgium, he duped three young people into carrying drugs for him, but they were all found to be essentially innocent and only Mr. Jones was prosecuted. Nick Baker, who has already been arrested and prosecuted by the Chiba authorities, after being duped by Mr. Jones, has cooperated with the Belgium authorities and would be happy to shed light on Mr. Jones's methods.

Final Request

It may be impudent to even remind you of this but chapter 260 of the Criminal Prosecution code requires that the authorities must inform the accuser and the accused of this letter of indictment. If they decide to act upon it or not act upon it they must also inform the parties. If Japan will not bring Mr. Jones to task for his crimes please let him and us know as soon as possible. We are, however, quite sure that the extremely competent Japanese investigative authorities do not wish to give the impression to the criminals of the world that 'If you get past the Japanese border, you are scot-free' or 'the Japanese can't handle international investigations'. We eagerly await your sincere response. We have no doubt that if you investigate, you will reach the truth about the crimes Mr. Jones committed in your country and who his real victims are.