Retrial of 1990 murder certain to acquit Sugaya

Thursday 02nd July, 04:30 AM JST

TOKYO —

A retrial of a 62-year-old man imprisoned for more than 17 years for a 1990 murder is certain to take place after a high court decision to reopen the case was finalized with neither prosecutors nor defense lawyers appealing to the Supreme Court. The June 23 Tokyo High Court decision to retry Toshikazu Sugaya for the murder of a 4-year-old girl in Ashikaga, Tochigi Prefecture followed a fresh DNA test that effectively proved his innocence. The retrial will be held at the Utsunomiya District Court, which is highly likely to acquit Sugaya as prosecutors are unlikely to argue for his guilt.

Defense lawyers said they will demand questioning in court as witnesses of those who conducted the initial DNA test based on which Sugaya, then a kindergarten school bus driver, was arrested in December 1991. The test was conducted at the National Research Institute of Police Science. The focus of the retrial will be on clarifying how Sugaya was wrongfully convicted, with investigative authorities at the time depending on less-accurate DNA tests, and how he was forced to make false confessions during interrogation. The latest DNA test indicates Sugaya’s DNA did not match traces found on the murdered girl’s underwear. The high court considered the results ‘‘new evidence to issue a not-guilty verdict.’’ The court said on June 23 the fresh DNA test results ‘‘are sufficient enough to question the credibility of (Sugaya’s) confessions,’’ and that there is ‘‘now reasonable doubt to recognize Mr. Sugaya as the culprit.’’ The investigative authorities have already admitted making an error in arresting and indicting Sugaya, and have expressed their regrets or apologies to him after he was released from Chiba Prison in Chiba Prefecture on June 4.

Kyodo

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5 Comments

MeanRingo at 09:17 AM JST - 2nd July

Good thing they didn't give him the death penalty way back when.
movieguy at 10:00 AM JST - 2nd July

Everyone knows this guy is innocent so why is it necessary to have another trial??? Can't the prosecutors FINALLY drop the charges or is this a saving face issue? Does anyone know the law on this one?

And in the meantime the killer got away because the statute of limitations ran out.
griff at 10:34 AM JST - 2nd July

it's hilarious how they refuse to investigate the conditions under which an innocent man was sent down. the public should be asking for blood. i hope Sugaya and co can keep this case in the public eye as long as possible
majimeaussie at 01:43 PM JST - 2nd July

movieguy, This has been discussed before and it appear that in the Japanese system they need to go through this procedure to formalise his lack of guilt.

griff, did you even read the article before making your comment??

The focus of the retrial will be on clarifying how Sugaya was wrongfully convicted... and how he was forced to make false confessions during interrogation.
Disillusioned at 02:20 PM JST - 2nd July

how he was forced to make false confessions during interrogation

This is how he was wrongly convicted in the first place regardless of the inaccurate DNA testing of the 90's. Will the prosecutors and arresting police face charges over the wrongful conviction? :P