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Wrongly Convicted Database Record
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Charge: |
Murder and Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
15 |
Year Crime: |
1997 |
Year Convicted: |
2000 |
Year Cleared: |
2012 |
U.S. State or Country of Crime: |
Japan |
County or Region of Crime: |
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City of Crime: |
Tokyo |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Govinda Mainali was wrongly convicted in December 2000 of the murder and rape on March 8, 1997 of Yasuko Watanabe, who by night moonlighted as a prostitute and by day worked as a respected economist for the Tokyo Electric Power Company. Her body was found on March 19, 1997 in an apartment she used for her sexual liasons. She had been strangled. Mainali was a Nepalese immigrant in Japan who was arrested on March 23, 1997 for over-staying his work visa. He and other Nepalese workers lived in an apartment in the building where Watanabe was murdered. Mainali admitted to police investigators that he had twice paid Watanabe to have sex with him. However, he said he had not seen her for days prior to her rape and murder, and there were no witnesses to dispute his statement. Mainali was charged with her murder. He was acquitted in April 2000 by the Tokyo District Court based on the judge's finding there was no credible evidence of his guilt. In December 2000 the Tokyo High Court reversed acquittal and sentenced him to life in prison. Japan doesn't have double jeopardy, and an appeal court can find a defendant guilty who has been acquitted. Mainali's conviction was finalized on October 22, 2003 when Japan's Supreme Court rejected his appeal. In March 2005 Mainali filed a new appeal seeking a retrial that was denied. On July 21, 2011 the Japanese newspaper Yomuiri Shimbun reported that the prosecution had secretly conducted DNA testing of crime scene evidence. DNA testing of semen recovered from Watanabe's vagina excluded Mainali as the source. In addition the semen's DNA matched the DNA of a pubic hair recovered from the crime scene and Mainali was excluded as the source, the semen matched the DNA of a blood stain on the Burberry coat Watanabe was wearing, and the semen matched the DNA of saliva found on the victim's chest. Five days later, on July 26, Mainali filed a petition for a retrial with the Tokyo High Court based on the fact the prosecution had never disclosed that semen had been recovered, and that the prosecution's secret tests conclusively excluded Mainali as the man who raped and murdered her. After Mainali filed his new trial petition the prosecutors disclosed in September 2011 that Mainali's trial lawyers had not been provided evidence that his blood type B did not match the type O blood type of saliva found on Watanabe's breast. Based on the new DNA and blood evidence the High Court set-aside Mainali's conviction and ordered a new trial on June 7, 2012. The presiding High Court Judge Shoji Ogawa stated, "Suspicion has arisen that another person might have murdered the woman and it is assumed a guilty ruling would not have been handed down if the results of this analysis had been presented in the trial." Mainali was released from prison about 3p.m. that same day and transferred to a detention facility, since he had overstayed his visa and thus was in Japan illegally. On June 16, 2012 Mainali was flown to Kathmandu, Nepal after spending 15 years in prison and being away from home for 18 years. On October 30, 2012 the Tokyo High Court declared after a retrial that Mainali was not guilty. Mainali's exoneration was abnormal in Japan, which has a 99.8% conviction rate. In 2001 Shinichi Sano wrote the best-selling book, "Office Lady Murder Case", that detailed the reasons why Mainali was innocent." |
Conviction Caused By: |
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Innocence Proved By: |
"The Tokyo High Court set-aside Mainali's conviction on June 7, 2012 based on new DNA evidence excluding him as the woman's assailant." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
30 |
Age When Released: |
45 |
Sex: |
Male |
Skin/Ethnicity: |
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Information Source 1: |
"Innocent man returns to Nepal after 15 years in jail, AP Story, CTV News, June 16, 2012" |
Information Location 1: |
http://www.ctv.ca/CTVNews/World/20120616/innocent-man-returns-to-nepal-120616 |
Information Source 2: |
"Court grants retrial for Mainali -- Nepalese man released from prison based on new DNA test results, By Yomiuri Shimbun Staff Writers, The Daily Yomiuri, June 7, 2012" |
Information Location 2: |
http://www.yomiuri.co.jp/dy/national/T120607005570.htm |
Information Source 3: |
"High court's ruling quickly frees Mainali, By Fumio Tanaka and Chihiro Iwasaki (Yomiuri Shimbun Staff Writers), The Daily Yomiuri, June 8, 2012" |
Information Location 3: |
http://www.yomiuri.co.jp/dy/national/T120608004450.htm |
Information Source 4: |
"Nepal man cleared of Japan murder after 15 years in jail, BBC News, November 7, 2012" |
Information Location 4: |
http://www.bbc.co.uk/news/world-asia-20234596 |
Information Source 5: |
"Something that he never did, By Shinichi Sano, Nepali Times, Issue 189, March 26-2004-April 1, 2004" |
Information Location 5: |
http://www.nepalitimes.com/issue/2004/03/26/Nation/9779 |
Book About Case: |
"Tokyo Electric Power Co. Office Lady Murder Case", by Shinichi Sano (2001)" |
Book Information: |
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Book About Case (2): |
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Book Information (2): |
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Movie About Case: |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org