State, Tokyo appeal damages ruling over probe into alleged illegal exports

Jan 11, 2024 | News On Japan

Jan 11, 2024 (NHK) - The central and Tokyo Metropolitan governments on Wednesday appealed a court ruling ordering them to pay damages to executives at a chemical machine maker. The court said investigations into suspected illegal exports by the firm were unlawful.

Three executives at Ohkawara Kakohki, including the president, were arrested and indicted in 2020. The charges were illegally exporting items that could be used for military purposes to China and other destinations. The allegations against them were later found groundless.

The three filed a suit claiming they were arrested as a result of wrongful investigations.

The Tokyo District Court ruled last month that investigations by prosecutors and Tokyo police were illegal. The court ordered the central and Tokyo governments to pay more than 162 million yen, or about 1.1 million dollars, in damages to the plaintiffs.

The police arrested the executives, judging the firm's products were subject to export restrictions. But the court said the move lacked sufficient evidence, and that there were illegalities in the investigations.

The court pointed out that prosecutors' indictments were also illegal, saying they failed to carry out necessary investigations.

The indictments against them were dropped shortly before the first hearing.

Meanwhile, the plaintiffs also filed an appeal on Wednesday, saying the court failed to fully recognize the maliciousness of the investigations.

The prosecutor who decided to file the indictments said they judged that the charges were appropriate based on evidence acquired at that point, and that the prosecution side believes the indictments were legal. He also said the prosecutors take it seriously that the indictments were eventually revoked.

A lawyer for the plaintiffs said it is regrettable that the finalization of the court decision has been delayed. He said the team will make efforts at a higher court so that more light is shed on the false accusations.

Tokyo's Metropolitan Police Department said investigations must be conducted in a detailed and appropriate manner based on law and evidence. It also said it takes seriously the fact that the public indictment was canceled.

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