Wrongly jailed Nepalese man returns home from Japan

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  • 14

    almostshat

    Best of luck, Mr. Mainali. Enjoy every moment of you new life with your family.

  • 9

    kasukujuju

    lucky u got out alive and hopefully let's hope&wish u live longer to see full justice enacted.....!

  • -52

    The_Pope

    Talk is cheap; tortured, but no details? Furthermore, there is no such term as "migrant" worker here -- he was probably a visa overstayer. Finally, I'd bet the US national debt if he had to, without hesitation he would gladly spend those 15 years in a Japanese prison than a Nepalese prison...

  • 19

    spudman

    The Pope:

    Furthermore, there is no such term as "migrant" worker here

    migrant means moving from one region to another and worker I think you know what that means. Your whole post is wrong on every point but feeding trolls is discouraged.

  • -14

    mikihouse

    First he denied knowing her, then he changed his story. Then when they found his sperm in the bathroom he said yes he was a client...but the thing is he has a key to her apartment and he lives next door with the girl....so he was the primary suspect. However DNA showed he was not the last one to screw the gril but that doesn't mean he did not killed the poor woman. And yes, when he was jailed, for some reason, his poor family suddenly found a fortune and build an apartment where it is being rented for boarders. So he is not telling all he know. Maybe he is covering somebody's track...

  • 14

    Weasel

    Mainali was acquitted in April 2000 but remained in prison pending an appeal by prosecutors, who maintained he had robbed and murdered the victim because he was short of cash.

    Total BS, and even more so that he had to be locked in jail when the evidence already acquitted him of the crime of murder. This comes off as nothing more than some cheap *** face-saving maneuver by the prosecutor. I have to wonder why the Nepalese consulate failing to aid this man once he was acquitted of the crime of murder?

  • -32

    Jason Park

    You are lucky to get 15 years for murder. Whether you did it or not. I'd still never hire anyone with a tatoo.

  • 11

    Cricky

    Read more about this case,police getting jobs for witnesses who changed their story, not sharing information that was contrary to the case...it was bungled and then continued to be. Prisons in Japan are continually mentioned in international reports as being of serious concern. I have no doubt at all being in one is just the start of the nightmare. Last year 3 prisoners died from heatstroke, under state care or lack of. The guy was proven innocent but to save face the powers that be continued to selectively pick evidence flimsy as it was to suit their agenda.

  • 13

    hobart_mark

    It is well known that Japan's legal system is no better than 3rd world countries if not worse...you have no rights once the system has you. And for foreigners it is worse.

  • -10

    IncenseAndPeppermints

    after DNA tests confirmed he could not have committed the crime.

    That is just patent nonsense. That is not what happened. DNA tests don't prove anyone committed or did not commit a crime. They prove your DNA is present, or fail to prove your DNA is present. His DNA was proven present, albeit in a condom in a toilet. Other people's DNA was also prove present, and they have not been identified.

    This guy might still be the killer. We don't know.

  • -3

    Ch1n4Sailor

    DNA tests confirmed he could not have committed the crime

    This is ridiculous.

  • 1

    IncenseAndPeppermints

    This is certainly not the first time I have heard frankly insane statements from a Japanese judge. Here is a real winner for this case:

    However, as the high court pointed out, "The possibility that the perpetrator left the condom on the day of the crime is not high." http://news.asiaone.com/print/News/AsiaOne%2BNews/Crime/Story/A1Story20120608-351246.html

    What??? So if Mainali or anyone were a murderer, he would be a master murderer not foolish enough to leave a condom behind? As if none of us every forgot anything important just on our way to work! We would never slip up if it were murder! I am not convinced of Mainali's innocence, but I am convinced that the Japanese justice system, from the police, through the judges, and right up to the justice minister are 50 percent corrupt and 50 percent cat lady crazy!

    They quite simply never had enough evidence against Mainali, and that is all there is. But they convicted him anyway.

  • 9

    Garry Gestoveo

    just sent home?

    was there any compensation for those years he lost?

  • -1

    IncenseAndPeppermints

    That he was paid to take out a double-lifed slut?

    In the future she might be played by Meryl Streep in Silkwood 2! God only knows why she was murdered. Was it just for 40,000 yen? Lets remember she kept a lot of notes, and that in itself seems rather extraordinary.

  • 1

    kittyinpinks

    If the victim's identity were to be revealed perhaps more people could come forward with information. Her family has protected her name but her behavior seems a crucial point in this case.

  • 2

    Clemens Simon

    Congratulations! I hope you'll find a way to sue the hell out of 'm and get ample compensation.

  • 3

    Thomas Anderson

    The Japanese justice system is completely screwed up.

  • 11

    GW

    Thank goodness he is back in Nepal!!

    Shame shame shame on Japan for allowing such a primitive, dictator like ""justice system"" to exist in this day & age, what an embarassment, can you even contemplate how many are wrongly jailed, on death row, have been excecuted............truly scary & the vast majority of victims are Japanese & yet most Japanese dont seem to care, seriously messed up!

  • 6

    kwatt

    Mainali is a poor man. He tolerated terrible 15 year life in jail. He is one of wrongly jailed criminals. Most of them are of course Japanese national. Some of them were already hung to death in the past and some are still in there. One of big problems is police's interrogation counting on detective's stupid hunch of many years experience, and they try not to count on scientific evidence which they should in the first place. Police thinks he is a prime suspect and then he should be a criminal sooner or later. many detectives still think that way.

  • 3

    CrazyJoe

    Japanese prisons are not for rehabilitation, they're for punishment. Everything he says is correct.

  • 2

    LostinNagoya

    As KISS sings "guilty until proved innocent"...

  • 9

    Thomas Anderson

    Meh, I wouldn't whine about (or bother with) mods deleting posts for being "offensive". They delete pretty much ALL posts that could even slightly be considered offensive.

  • -3

    IncenseAndPeppermints

    No idea what is wrong with my first post here. -7 thumbs and no explanation. And its not even opinion! Its pure fact. DNA evidence is what it is. I don't care what you saw in a cop drama on TV.

  • 6

    presto345

    He should have been freed (on bail?) 12 years ago. He was acquitted then. Whether some believe he is still guilty is irrelevant. This was a horrible, shameful travesty of justice.

  • 5

    DentShop

    Another sad chapter in the disgraceful pantomime that is the Japanese "Justice" system.

    Oh and where are all the death penalty advocates right now?

    I shouldnt ask the painful questions like that though, should I?

  • 7

    tmarie

    Talk is cheap; tortured, but no details? Furthermore, there is no such term as "migrant" worker here -- he was probably a visa overstayer. Finally, I'd bet the US national debt if he had to, without hesitation he would gladly spend those 15 years in a Japanese prison than a Nepalese prison...

    Do you think he's going to write a tell all book while waiting for everything to be dealt with? You clearly don't know the meaning of "migrant" and a "probably a visa overstayer"? He was a visa overstayer so clearly you don't know much about this case but certainly seem to have plenty of opinions on it.

    I bet he's gladly not spend a night in jail for a crime he didn't commit, be it here or Nepal.

    This was nothing but racism from the get go. I hope he sues the pants of the system here and wins. The least they can do it give him enough money to love off of for the rest of his. 15 years is fair too long. More so when he should have been let out years ago. For shame Japan. Though not surprising.

  • 5

    kurisupisu

    The prosecutors at the ministry of injustice even withheld evidence of exoneration from the court!!!!! This type of malicious act bears comparison with dictatorships or fascist states not an open and fair system.

  • 4

    Tom DeMicke

    The Government of Japan owes him an apology and money for their mistakes. Period. End of story.

  • -11

    The_Pope

    @tmarie: enough already with throwing around the "racist" word at everyone who disagrees with you. The fact is this person was in Japan illegally -- that is not racist -- he was breaking the law and is an insult to all the legal, non-Japanese who went through the immigration process to live here legally. Maybe the Japanese police were overzealous in accusing this guy, but he admitted to having sex with her and having a key to her apartment -- it doesn't take Colombo to at least make him a person of interest....

  • 2

    Ali Khan

    The comments of some people are ridiculous, the man lost his precious 15 years of his life and he would never be the some person again. this is not the single case, there are many such cases where the police convicted a wrong person just to save their face. when the final result will come the police would just say sorry and thats all, they already deported the him

  • 6

    tmarie

    @tmarie: enough already with throwing around the "racist" word at everyone who disagrees with you. Where have I called anyone on this thread racist? The Japanese judicial system is racist and well known and documented for it. Perhaps you need read comp help?

    I don't agree that he was in Japan illegally. Punish him for that by all means but don't pin a murder on him.

    Oh and it sounds like she was having plenty of sex with other men - and I don't doubt some also had keys as well.

  • 2

    narayan manandhar

    For the readers who do not have access to media in Nepal: 1. Mainali, in his press meeting organized on his day of arrival, blamed Nepal Government for doing nothing, he praised media, civil society, HR activitists. 2. He has been mistreated while in prison, this include, not given proper cloth to wear, bad behaviour and not allowing to speak with his family members. 3. He has maintained a diary of his confinement days - possibly hinting future publication.

  • -2

    philsandoz

    "A Nepalese migrant worker who served 15 years in a Japanese jail for a high-profile murder he did not commit..."

    I don't know if he is guilty or not, but surely no credible journalistic source would say the above before the man concerned was either given a complete pardon (which he hasn't been) or found not guilty at a retrial (which we have to wait for). Until then, he should be referred to as a "convicted murderer who may have suffered a miscarriage of justice."

  • 2

    Pukey2

    tmarie:

    I don't agree that he was in Japan illegally. Punish him for that by all means but don't pin a murder on him.

    Absolutely! An illegal overstayer does not deserve 15 years in jail. When he left jail and immigration immediately issued a deportation order, they made it sound as if he stayed in Japan for the past 15 years voluntarily. They, like all Japanese authorities just don't want to lose face. I bet the guy wanted the get the hell out of the country asap.

    I hope he sues for compensation. But do it from Nepal. In fact, do it anywhere, except in Japan. It doesn't matter if he did in fact commit the murder (as some would believe). If there is no sufficient evidence, then the judicial system of any civilized country would not be able to pin this on him. Sorry, but having sex with the victim more than a week beforehand and having the apartment's key does not mean you're a murderer. And hiding evidence that highly suggests that someone else was responsible is unforgivable. Those prosecutors should be charged themselves. Let this be a warning to, not only foreigners, but Japanese citizens. I'd say, in some ways, Japanese citizens are also at great risk because they're so apathetic. Changes to the system can only come from the Japanese themselves.

    I'm not holding my breath.

  • 0

    anglootaku

    He'll be back

  • 0

    tmarie

    Bah! That should say "I don't diagree that he was in Japan illegally..." He was. However, 15 years in jail...

    Anglootaku, I hope he will be - when he is giving evidence and suing the pants off the system.

  • 1

    Ali Khan

    The most important thing which the Japanese Establishment do not realize that such kinds of mistreatment/unfortunate events regarding foreigners damage the image of japan in other countries/nations and which will also effect the mutual relation in the long term.

  • 3

    mtwildman

    Any compensation from the JP Govt for his unlawful imprisonment?

  • -5

    Tatanka

    “The final verdict on this case is yet to come out." AND the posters here do not know all the details BUT they are quick to pass judgement that the Japanese judicial system is bad and this guy was a priest. Just because someone else's semen was found in the women does not mean they were the killer. This Nepalese guy was a likely suspect, too. Things none of us know (like she could have been blackmailing him since he was a visa overstayer) could have weighed heavily in his arrest. He probably is not elible for any compensation since given the way the Japanese judicial system works they will not say he is innocent (which must be proved), merely their is not enough evidence to prove he commited the crime that would warrant further incarceration -- in plain English: we are pretty sure he did it, but we cannot definitely prove it.

  • -1

    yumichan

    congratulations , and all the best for your new life..

    Do not give up ...

    fights for you rights..

    at least others will get some fresh air..

  • -8

    mikihouse

    prosecutors failed to prove he killed her. It doesn't mean anything about his innocence. Stop making him a saint. He is a lawbreaker (overstaying his visa) and without morals (married with a family) and came to Japan to support them but instead used the money he has to screw the girl next door (and a regular client at that!). He suffered 15 years in prison. I think that will teach him a lesson not to play around.

  • -1

    yumichan

    People who are from Economically poor....countries came to japan at early 80s to late 90s.. for labour jobs. that time was good for every body, and Japan too. Japanese should not undermined these people and their values with your Japanese heartless economic power. your pain full ,stress lifeless suffering s . See the " headlines in Japan’s tabloid press, which said the victim, a Tokyo Electric Power Company employee, was leading a double life as a businesswoman by day and prostitute at night." if this is true. was this victim had a better a life..?...she would not be a prostitute. she had a job as every body has, but was night time prostitute. this is your suffering side of lives . she is already dead any way but this prostitute claimed Mr, Malnalis loving family life, for 15 years in jail.
    It was not proved that he hired the prostitute, Guess that he was over stayed when it was in the jail.

    Don't forget that Specially Indian continent people, ( does not mean other country not) are with high human qualities , and which are even not explained in your Japanese society. some moral principles are sill jokes in
    Japan, and Japanese are blind of these values, still far behind. headlines in Japan’s tabloid press, which said the victim, a Tokyo Electric Power Company employee, was leading a double life as a businesswoman by day and prostitute at night.

  • -4

    602miko

    what he expected in prisons, a house of joy, a home of happiness?

  • 3

    IncenseAndPeppermints

    He suffered 15 years in prison. I think that will teach him a lesson not to play around.

    This story is about a gross miscarriage of justice and you are trying and failing to make this about your own personal morality code. I seriously doubt this will have any effect on his future sex life or any one else's. It will have a profound effect on all of our future dealings with police though, including opt to just stay away from them unless absolutely necessary. I don't even ask them for directions anymore because they tend to look me over like I committed a crime and they might one day find one. I would rather be lost on the street than lost in Japan's injustice system

  • 1

    Eddisofbextar

    kittyinpinks,

    A casual google of "Murder of Yasuko Watanabe" shows the victims name, there was no attempt to withhold the name, except on JT. Been several articles already on this... here are 2:

    http://www.japantoday.com/category/crime/view/nepali-man-to-leave-japan-on-friday

    http://en.wikipedia.org/wiki/MurderofYasuko_Watanabe

    So, if you read above, you will see that Yasuko's boss(es) at TEPCO were also her clients for prostitution. It may turn out to be one of them (you can see their names on the wikipedia link above).

    Given a choice between their buddies at TEPCO and some unknown visa overstayer, it's a wonder how he was targetted by prosecution to take the fall for this crime.

    The real test will come in finding the people who left their sperm inside the woman on the day of the murder.

    All this focus on the release of Mainali is all fine and good, but we havent heard about what the jsatsu are doing to find who the real killer might be.

  • 1

    Bored Part 2

    Bet he couldn't wait to get out. This legal system is a damn joke. Knew a bangladeshi guy who burn't his Gaijin Card 20 years at protest, he was arrested and locked up for 6 months without charges.

  • 1

    GW

    tatanka & mikihouse are examples of why Japan has the ""justice"" system it does......................pretty sad

  • -1

    nandakandamanda

    He says a lot in the article, but nowhere does it quote him denying he murdered her.

  • 1

    IncenseAndPeppermints

    It is simply criminal that the prosecution never even tested the sperm found inside the victim until 2012. Not only would I like to see the killer in jail, I would also like to see the people responsible for that in jail right next to him.

    When does the trial of prosecution start?

  • -1

    Pukey2

    It is simply criminal that the prosecution never even tested the sperm found inside the victim until 2012.

    They were probably scared the sample would match the DNA of a Japanese TEPCO boss.

  • -2

    Tatanka

    So many posters are fixated on the semen inside the victim. Just because this women was found to have sperm inside her, doesn't necessarily mean the sperm donor was the killer. Posters are so naive to think these cases are black-and-white -- sperm insider her equals killer and no one else could possibly have killed her. Saying the entire Japanese justice system is bad or whatever is spoken by people that don't have a clue how the justice system works in any country. In most cases, prosecutors don't have a clear suspect, so they have to weigh lots of evidence: timelines, motives, forensics, etc. and charge the most likely suspect. In this case (as far as we know from the available information) Mr Mainali was the most likely suspect. As I stated in earlier posts, he probably won't be exonerated since the police have no other suspect, so he was released lacking more convincing evidence --- they are fairly certain he did it, but there is just not enough evidence warranting further incarceration -- does the O.J. aquittal ring a bell?

  • -1

    GW

    tatanka,

    I dont think you will find a single poster on JT that DOESNT think Mainali shud be a SUSPECT in this case! Clearly he wud be! But the prosecution, fudged evidence, hid evidence, ignored evidence, are seeing anything here, it is called a Travisty of JUSTICE!

    The person who had sex with her last CLEARLY is ALSO a suspect, the FACT the the keystones & prosecutors DIDNT EVEN BOTHER in this regard is one of 2 thing, incredibly STUPID, or they were simply willing to make Mainali take the blame.

    The prosecution shgud be behind bars, no lawyers & be interogated DAILY, hey thats the system right!

  • 0

    alliswellinjapan

    While I share everyone's sympathies towards this man who is one of many (usually locals in other cases) who have fallen a judicial victim to the missteps of the Japanese prosecutors and their mishandling of the DNA samples, I remain uncomfortable with how the reporter of this article seems to be personally convinced that he did not commit the crime. Beyond the fact that that he was released of his charges after 15 yrs of detainment following confirmation that the critical DNA sample in question belonged to someone else, I don't think there is any factual evidence which goes on to prove either his innocence or his guilt. If anything needs to be said about the topic in the article (I personally don't think there is any actual need), I believe it should be left at saying that the man is "presumed" innocent. In my view, the "released on June 7 after DNA tests confirmed he could not have committed the crime" reference is (based on what I know from other reports) wrong and misleading.

  • 0

    GW

    Alliswellinjapan,

    You do recall he was aquitted already, but wasnt released & deported years ago?

  • -2

    alliswellinjapan

    GW: Don't think I fully understand what you are getting at, but all I am saying is that the recent verification of the DNA samples and his subsequent release does not actually prove, and we have therefore not arrived at a situation where we can clearly state, that "he did not commit the crime". This can only be done when and until his alibi is confirmed or someone else is confirmed to have been the killer. Until then, he (or anyone else for that matter) is merely "presumed" innocent. I simply wanted to share my discomfort with the misleading tone of the article on these grounds.

  • 0

    lucabrasi

    Until then, he (or anyone else for that matter) is merely "presumed" innocent.

    Exactly.That's how the law works. He is presumed innocent. And so are you. Are you suggesting that "...we have not arrived at a situation where we can clearly state that "alliswellinjapan did not commit the crime." would be a sensible position to take? It would seem so, according to your logic.

  • 0

    alliswellinjapan

    lucabrasi: No I don't think it is a sensible position to take, simply because there is no need to make such a statement, simply because it is a given and need not be reported. Similarly, we do not need to make such a statement for this gentleman in question for exactly the same reason, and I would then have nothing to complain about. In this case however, the news article clearly states that it is now confirmed that he never did commit the crime. I would hate to bring up the OJ Simpson example, but both cases are similar in that the prosecutions have been dropped and both parties are now "presumed" innocent. It doesn't mean people can now go around telling the world that we are now convinced OJ never did commit the crime. We should remember the key fact for the Japan case is that the gentleman was wrongly jailed (and possibly mistreated in jail) for 15 long yrs, period. Being wrongly jailed and proven of non-committance to a specific crime are two completely different things. While we symphasize with the gentleman for the former, it doesn't mean we can now all go beyond this and claim further with conviction that he never did not commit the crime, which is not at all what we have arrived at. Never should a respectable news article confuse such fundamental facts thereby misleading the readers. Hope this helps clarify my logic.

  • -1

    akkk1

    There was absolutely no news about this in the western press. What a glaring contrast to the media focus on the blind lawyer who escaped from China .

  • 0

    dolphingirl

    merely their is not enough evidence to prove he commited the crime that would warrant further incarceration -- in plain English: we are pretty sure he did it, but we cannot definitely prove it.

    This is the basis of any fair justice system. Innocent until proven guilty BEYOND REASONABLE DOUBT. You can't just be 'pretty sure'. You have to be VERY VERY SURE. Clearly there is doubt here and it was right to release him. Hope they are doing more DNA testing of old cases to free others who are wrongly convicted. the justice system here sucks!

  • 0

    tensaisg@yahoo.com

    he is claiming he was physically tortured and mentally too

  • 0

    Patrick Hagger

    He was treated by bad, but all he claim is no family contact and having clothes that did not fit, along with abusive language. DNA testing led to his release and freedom. False imprisonment of anykind is torture and it is worst when it is in the name of justice but at least he have been freed through due process.

  • 4

    nigelboy

    Wrongly jailed Nepalese man returns home from Japan-AFP

    "Wrongly" would imply that he was found "not guilty" based on the retrial.

    Having gone through the judgment of the second trial, IMO, the guy is guilty not because of the physical evidence (semen inside the condom) but a series of circumstantial evidence (eyewitness, motive, and access to the crime scene)

    As most good defense lawyer do, they focused on the bodily fluid inside the victim and the matching hair on the victim leaving some to question if that person was the one who killed the victim.

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