The Justice for Govinda-Innocence Advocacy Group, in a statement, said THPPO “should not do anything further to prolong the current proceedings but allow for an immediate decision on retrial.”[break]
Mainali, 44, has already spent 14 years behind bars since his arrest in March 1997 for the murder of a 39-year-old Japanese woman in Tokyo.
Mainali has consistently pleaded not guilty and has sought a retrial since 2005.
Evidence that emerged in late July this year and last week bolstered Mainali´s claim and put pressure on THPPO. In July, a DNA analysis at Osaka Medical University concluded that a semen sample collected in 1997 from the woman´s body was not Mainali´s, but matched male body hair found in the room where her body was found.
This evidence and last week´s disclosure that prosecutors had hidden a blood group test report on saliva found on the woman´s breast strongly contradict Tokyo High Court´s December 2000 verdict against Mainali which said, “It is inconceivable that a third party entered the room with the victim.”
Instead of deciding in favor of an immediate retrial following disclosure of such evidence,THPPO said last week that it would conduct tests on an additional 40 previously undisclosed items.
Referring to the disclosure that many pieces of evidence had been hidden so far and that prosecutors had also hidden the saliva test report for 14 years, the advocacy group, which has stood for Mainali right from the beginning, said, “We strongly object to the prosecutor´s unfair play. The commencement of a retrial should not be delayed any further and Govinda should be immediately released.”
The group also questioned the intent behind disclosure of the hitherto unknown 40 items on which THPPO now wishes to conduct further DNA analysis, when recent evidence has already proved wrong the grounds on which Tokyo High Court sentenced Mainali for life.
“The DNA analysis report prepared by Professor Suzuki of Osaka Medical University and disclosed to the defense on July 25th establishes that someone other than Govinda had sexual intercourse with the victim. This contradicts the conclusion reached by the court, and which resulted in Mainali´s conviction,” it said.
The group added that as soon as it became clear the report favors Mainali, “the prosecutor suddenly disclosed the existence of 40 or so items which had never been disclosed". "We are very much shocked and enraged by this,” it said.
Mainali, who is from Ilam district, left for Japan in 1994. He worked as a waiter in Tokyo until Japanese police arrested him in March 1997, initially on the charge of overstaying his visa. He was later charged for robbing and murdering 39-year-old Yasuko Watanabe, who worked at Tokyo Electric Power Co and also moonlighted as a prostitute.
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