Latest news with #wrongfulConviction
Japan Times
3 days ago
- Japan Times
Improper law-enforcement interrogations persist in Japan
Inappropriate interrogation practices by police and prosecutors continue to be reported in Japan, with cases involving verbal abuse and the use of leading or coercive methods to induce suspects to make statements that support official narratives. Experts warn that such methods increase the risk of wrongful convictions. The Japan Federation of Bar Associations has emphasized the urgent need for further reforms in interrogation procedures. Linked to an embezzlement case at real estate company Pressance, based in Osaka, the special investigation squad of the Osaka District Public Prosecutors Office has come under scrutiny. In August last year, the Osaka High Court decided to bring prosecutor Daisuke Tabuchi to criminal trial over allegations of coercive interrogation tactics used against a Pressance employee. The court's decision followed a petition filed by former Pressance President Shinobu Yamagishi, 62, who was acquitted of all charges. Yamagishi has criticized Tabuchi's conduct during interrogations of one of his former subordinates. Recordings revealed that the prosecutor banged on a desk to create loud noises and verbally abused the suspect, making statements such as, "Don't mess with the prosecution!" Tabuchi, 53, now faces charges of assault and cruelty by a special public official and will stand trial as a defendant. A wrongful conviction followed an investigation conducted by the Public Security Bureau of Tokyo's Metropolitan Police Department (MPD) into Ohkawara Kakohki, a machinery manufacturer based in Yokohama. The case centered on allegations of unauthorized exports that later proved misplaced. In May this year, Tokyo High Court ruled that the police acted illegally when they coerced a former company executive into signing a statement that matched their predetermined narrative during interrogations. The court ordered both the national and metropolitan governments to pay compensation. The verdict was finalized in June. Although officials from the Tokyo District Public Prosecutors Office and the MPD apologized to the company president and others, deep-seated distrust of the investigative authorities persists within the company. To prevent inappropriate interrogations, the Japan Federation of Bar Associations emphasizes the importance of audio and video recording during questioning, as well as the presence of defense counsel. The revised Code of Criminal Procedure, which took effect in 2019, made such recordings mandatory only in specific circumstances, namely during detention following arrests in cases subject to lay judge trials and in those investigated independently by prosecutors. In addition, recording is required in interrogations involving individuals with intellectual disabilities or mental disorders. In a major vote-buying scandal linked to the 2019 election for the House of Councilors, the upper chamber of Japan's parliament, suspicions arose regarding the conduct of prosecutors from the Tokyo District Public Prosecutors Office's special investigation team. It was alleged that the prosecutors suggested to local assembly members suspected of accepting money in exchange for votes that they would not be indicted if they provided testimony supporting the prosecution's case against a national lawmaker at the time. During interrogations conducted at the suspects' homes without them being detained, the prosecutors allegedly made remarks such as, "If possible, we want you to continue serving as an assembly member." Such questioning sessions are not subject to recording requirements. Allegations of improper interrogation practices only surfaced thanks to a personal recording of the session kept by one assembly member. Regarding at-home interrogations, the prosecution announced in February this year that it would begin implementing recordings in April. By contrast, there has been no such progress in police investigations. Tadahiko Sakaguchi, a lawyer who serves as special adviser to the president of the Japan Federation of Bar Associations, said, "This is inadequate, as we can't verify issues after the fact." Investigative authorities often remain reluctant to permit the presence of defense counsel during interrogations. According to the federation, from December 2022 to February this year, lawyers were allowed to attend interrogations in only 14 cases, all of which involved police investigations without detention. There have been no confirmed instances in which defense counsel was permitted to be present during prosecutorial interrogations. Sakaguchi emphasized the need for legislation requiring lawyers to be present during interrogations. He noted that many wrongful convictions have resulted from false confessions — statements that contradict the facts and are coerced behind closed doors, where the balance of power heavily favors investigators. Allowing lawyers to participate in interrogations, Sakaguchi argued, would "drastically reduce the risk of false testimony." Legal frameworks allowing lawyers to attend interrogations are already in place in countries including the United States, Britain, Germany, France and South Korea, according to Sakaguchi. "When the recording system was launched (in Japan), investigative agencies expressed concerns that it would negatively affect public safety. No such problems have actually arisen, however," he said.
BBC News
4 days ago
- BBC News
Lincolnshire sub-postmaster Tom Hedges says 'name and shame'
A Lincolnshire sub-postmaster wrongly convicted of theft says he wants those responsible for the Post Office IT scandal to be "named and shamed".Tom Hedges' comments came after the first report from the official inquiry described the impact on those wrongly accused as "disastrous".Thousands of people were accused of stealing from their own branch accounts and hundreds were convicted, when a faulty computer system was to Wyn Williams' report accuses the Post Office of "wholly unacceptable" behaviour, leading to suicides, bankruptcies, failed marriages and wrecked families. Mr Hedges, who ran the post office in the village of Hogsthorpe, near Skegness, for 15 years, said he was not surprised at the report's findings."For years the Post Office knew that their system was absolutely useless and would throw up these erroneous figures left, right and centre," he said."But they chose the easy path which was to pick off lowly individuals."We were all lied to, we were all told 'no it's only you suffering these problems'."It's a despicable organisation, absolutely despicable."The Post Office has apologised unreservedly for what it called a "shameful period" in its history and said it would carefully consider the Wyn will look at how the scandal happened and who was responsible in a later Hedges, 72, said he was "really looking forward to seeing people named and shamed"."Because I was certainly named and shamed and they are getting a taste of their own medicine," he said. In 2010, Post Office investigators launched a prosecution after finding alleged shortfalls in the was wrongly convicted of theft and given a seven months suspended prison sentence."It was a horrendous time," Mr Hedges recalled."Half our friends didn't believe that we could have done these things, but the other half firmly did believe that we were right rogues."It put a tremendous strain on our family."He was forced to sell the post office, which was also the family home, to pay back the £60,000 the Post Office claimed was Hedges said he was forced to live on benefits in a rented house as he was unable to get a job due to his criminal had his conviction overturned by the Court of Appeal in to highlights from Lincolnshire on BBC Sounds, watch the latest episode of Look North or tell us about a story you think we should be covering here.
Yahoo
5 days ago
- Business
- Yahoo
'Impossible' to prove couple's Horizon scandal loss
A couple who were wrongly convicted of stealing money from their Post Office have said it was "almost impossible" to prove the financial damage they suffered. Amanda Barber and her husband Norman lost their home and business over a £5,600 deficit caused by the Horizon accounting system at their Thelwall Post Office in Warrington. They received 12-month community orders, but said that even though their convictions were quashed they could not have their claim for compensation looked at individually because they were asked to provide evidence going back 15 years. The couple said they had to accept a set £600,000 pay-out as a result. More than 900 people were prosecuted and 236 were sent to prison as a reult of financial losses caused by the faulty Horizon computer system. Mrs Barber said: "We were being asked to produce evidence we simply couldn't get our hands on with regards to our losses as we are talking going back 15 years. "We found it almost impossible to provide the details needed to go down the route of having our case individually assessed. "It just didn't seem worth it." The 55-year-old added: "It got to the stage where, when the £600,000 was offered, it seemed the best way to bring years of torture to an end." She said that the couple had spent about £200,000 trying to balance the books during their time using the Horizon system. One of the final reports into the Horizon scandal is due to be published on Tuesday. But one law firm involved in representing people affected by it said it still had more than 700 compensation cases that needed to be resolved. Solicitor Neil Hudgell said his firm had agreed damages for more than 300 people, totalling £170 million, but said the process had "far too much red tape to get through". He said: "It has been retraumatising for many, and increasing numbers are sadly passing away without seeing redress." In a statement, the Department for Business and Trade said: "We are grateful for the inquiry's work, which has revealed the immeasurable suffering that victims of the scandal have endured. "This government has quadrupled the total amount paid to affected postmasters to provide them with full and fair redress, with more than £1 billion having now been paid to over 7,300 claimants." Listen to the best of BBC Radio Manchester on Sounds and follow BBC Manchester on Facebook, X, and Instagram. You can also send story ideas via Whatsapp to 0808 100 2230. Post Office scandal victim: 'I need someone to be punished' Bates hopes 'real baddies' are held to account Post Office criminal trials may not be until 2028 Paula Vennells laughed at on final day of Post Office inquiry Department for Business and Trade
BBC News
5 days ago
- Business
- BBC News
Post Office scandal couple say it was 'impossible' to prove loss
A couple who were wrongly convicted of stealing money from their Post Office have said it was "almost impossible" to prove the financial damage they Barber and her husband Norman lost their home and business over a £5,600 deficit caused by the Horizon accounting system at their Thelwall Post Office in Warrington. They received 12-month community orders, but said that even though their convictions were quashed they could not have their claim for compensation looked at individually because they were asked to provide evidence going back 15 couple said they had to accept a set £600,000 pay-out as a result. More than 900 people were prosecuted and 236 were sent to prison as a reult of financial losses caused by the faulty Horizon computer system. Mrs Barber said: "We were being asked to produce evidence we simply couldn't get our hands on with regards to our losses as we are talking going back 15 years."We found it almost impossible to provide the details needed to go down the route of having our case individually assessed."It just didn't seem worth it."The 55-year-old added: "It got to the stage where, when the £600,000 was offered, it seemed the best way to bring years of torture to an end."She said that the couple had spent about £200,000 trying to balance the books during their time using the Horizon system. One of the final reports into the Horizon scandal is due to be published on one law firm involved in representing people affected by it said it still had more than 700 compensation cases that needed to be resolved. Solicitor Neil Hudgell said his firm had agreed damages for more than 300 people, totalling £170 million, but said the process had "far too much red tape to get through".He said: "It has been retraumatising for many, and increasing numbers are sadly passing away without seeing redress."In a statement, the Department for Business and Trade said: "We are grateful for the inquiry's work, which has revealed the immeasurable suffering that victims of the scandal have endured."This government has quadrupled the total amount paid to affected postmasters to provide them with full and fair redress, with more than £1 billion having now been paid to over 7,300 claimants." Listen to the best of BBC Radio Manchester on Sounds and follow BBC Manchester on Facebook, X, and Instagram. You can also send story ideas via Whatsapp to 0808 100 2230.
The Independent
08-06-2025
- Politics
- The Independent
Andrew Malkinson ‘not finished' fighting for reform after wrongful conviction
Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, says his fight to reform the legal system's handling of miscarriages of justice is far from over. The 59-year-old had his conviction overturned in 2023 after years protesting his innocence. Mr Malkinson, who told The Sunday Times his 'life was desolated' by the wrongful conviction, says he is determined to change the justice system, starting with the Criminal Cases Review Commission (CCRC). 'I haven't finished. I want to change a lot more,' he said. 'It's a good feeling that something so dreadful and tragic is leading to real change.' It comes amid news Dame Vera Baird KC will become the interim chairwoman of the CCRC. The barrister will take up the post from June 9 until December 8 next year, and is tasked with carrying out an urgent review into the running of the independent body and making sure lessons have been learnt from previous cases. Mr Malkinson said he remained 'incandescent' at the CCRC, as well as the Government's compensation scheme, which makes it difficult for wrongly-convicted people to receive payouts. 'This is an assault on innocent people,' he said. 'It's an assault on the public, because any member of the public could end up where I was. Anybody could be the next victim, because there will be more.' Despite having his conviction quashed in 2023, he had to wait until February to get his first compensation payment. Mr Malkinson had been living on benefits and food banks from his release until then. Under the 2014 Antisocial Behaviour, Crime and Policing Act, payments are only awarded to people who can prove innocence beyond a reasonable doubt. Ministry of Justice data showed that only 6.5% of people who had applied for compensation due to a miscarriage of justice between April 2016 and March 2024 were awarded payouts. Of 591 people who applied, 39 were granted compensation. Figures showed that 35 have since received money, with average amounts totalling £68,000. In a statement in February, lawyer Toby Wilton welcomed the payment, but said the £1 million cap on compensation payouts should be lifted. This is currently the maximum amount that can be paid to victims of miscarriages of justice who are wrongly jailed for at least 10 years. 'The Government should lift the current cap on compensation, and end the twisted quirk that whilst awards under other compensation schemes are excluded from assessment for benefits,' he said.
