The long legal saga of the government’s case against equipment manufacturer Okawara Kakoki Co., Ltd. has turned into a stark illustration of how Japan’s law enforcement agents work within a bubble of self-justification. At present, two of the company’s executives, President Masaaki Okawara and former director Junji Shimada, are suing the government to the tune of ¥565 million because police and prosecutors pursued a case against them that was a “fabrication,” according to various media.
A report posted on Daily Shincho July 12 detailed a July 5 session in Tokyo District Court where two prosecutors were cross-examined by the plaintiffs’ lawyers about their handling of the case. The head prosecutor, Takako Tsukabe, testified that she indicted the two men, along with a company advisor who is now dead, “based on the evidence we heard and saw,” and which she believed was proper. However, after the men were indicted and had spent almost a year in detention the prosecutors dropped the case when they realized that their evidence would not hold up in court. When the the lawyer asked if she thought the prosecution should have “confirmed this negative evidence” before bringing an indictment, Tsukabe said, “There was no feeling that there was any negative evidence,” and that even if she had known about the negative evidence she would have proceeded with the indictment because of other evidence. When prompted to offer an apology for improperly “building a case” against the plaintiffs, Tsukabe replied that the prosecution did nothing wrong and therefore there was nothing to apologize for. After the session, the attorney told the Shincho reporter that, based on how she reacted during cross examination, he thought that there was a good possibility Tsukabe would again fabricate cases in the future, because she obviously thought of it as being part of her job.
The entire case warrants close scrutiny because of how cavalierly the police and prosecutors approach laws they don’t really understand. In this case, it was the foreign exchange and foreign trade law. Okawara Kakoki, which is headquartered in Yokohama, makes various devices used in the manufacture of substances and materials. In question was a spray-dryer that was mainly used by food companies to turn liquids into powder, such as instant coffee and instant ramen, though it can also be used to make pharmaceuticals. In October 2018, Okawara was stopped by members of the public security police while he was leaving his house for work. They presented him with a warrant, though they didn’t reveal what it was for. They proceeded to search his home and, later, 50 officers went to his company and searched the premises, hauling away loads of documents, storage devices, and computers. They also searched three other business locations and the homes of seven employees. According to a long report in the Asahi Shimbun, the company’s lawyer, Tsuyoshi Takada, showed up but could not get any information about the purpose of the raid from either Okawara’s employees or the police. In any case, he advised the company’s executives and employees to cooperate and answer all questions sincerely.
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