Editorial: Japan’s justice system needs overhaul after ruling on retrial in schoolgirl murder case

The Kanazawa branch of the Nagoya Supreme Court has ordered a retrial of the case of 59-year-old Shoshi Maekawa in the 1986 murder of a middle school student in the city of Fukui. Maewa was found guilty of murder and served a seven-year prison sentence.

The October 23 ruling indicates that biased investigators may have acted unfairly in prosecuting Maekawa. The police and prosecutors should immediately investigate how they handled the case.

Although Maekawa was acquitted in his first lower court trial, this decision was overturned on appeal. Maekawa then obtained a court decision to start a retrial, but that too was overturned after prosecutors filed an objection. The latest decision concerns the second request for reconsideration.

The fact that the courts questioned the basis of his conviction three times is of great importance. Prosecutors should accept this decision and refrain from filing an immediate appeal.

Maekawa consistently denied involvement in the girl’s death and there was no direct evidence linking him to the crime. The conviction was based on the testimony of several friends who claimed, among other things, that “there was blood on his clothes.” However, the Supreme Court division rejected the credibility of these claims.

One of the friends who initially claimed Maekawa was involved was arrested on a drug case at the time. The court pointed out that “it is possible that he gave false testimony in the hope of leniency or release on bail.”

Police also provided this friend with favorable treatment, including meals and meetings with outside people. Another witness received a wedding gift from the police officer who questioned him.

The decision stated that “the police, having reached a dead end in their investigation, relied solely on this one source of information and probably coerced other acquaintances to testify by any means necessary.”

Moreover, prosecutors were aware of facts inconsistent with the testimony, but did not disclose them during the preliminary trial.

It is highly likely that an improper investigation was conducted and inappropriate evidence was submitted. The responsibility of the court that issued the conviction must also be questioned.

The shortcomings of the re-examination system have also been highlighted once again. Twenty years have passed since Maekawa’s first request for reconsideration. The fact that prosecutors can appeal against decisions to reconsider the case has contributed to the lengthening of proceedings.

The 287 pieces of evidence disclosed by prosecutors after filing a second request for a retrial helped open the door to a retrial. A system for disclosing evidence at an early stage should be implemented.

Recently, Iwao Hakamada, sentenced to death, was acquitted in a retrial. Japan’s criminal justice system needs to carry out honest self-reflection and comprehensive reforms.