VOX POPULI: Time cannot restore what an innocent man lost

French philosopher Blaise Pascal (1623-1662) once observed, "Time heals griefs and quarrels, for we change and are no longer the same persons." But time can also bring past griefs and quarrels into sharper focus.

After nearly 20 years, two men in the news have had a bitter reunion.

Toshikazu Sugaya, 63, was falsely accused of killing a small girl in Ashikaga, Tochigi Prefecture, in 1990. He was convicted and spent more than 17 years behind bars. The case is now in a retrial, and Daiji Morikawa, 62, a former prosecutor who interrogated Sugaya, appeared in court Jan. 22 as a witness.

Sugaya has demanded an apology from Morikawa. But the former prosecutor reiterated only that, "I take (Sugaya's innocence) seriously." His curtness likely derived from the fact the prosecutors office continues to defend the legitimacy of its interrogation methods.

Tape recordings of the interrogations were played in court Jan. 21 and 22. This time, the former interrogator was being questioned.

On tape, Sugaya begins to protest his innocence, but Morikawa confronts him with DNA test results and grills him relentlessly: "So, what do you say? You aren't being straight with me, are you? ... Why can't you look me in the eye when you say something like that?"

While trying to make Sugaya talk, Morikawa sometimes threw in interjections, combined with questioning grunts. And while the prosecutor kept his language mild and civil, it is clear he considered himself absolutely superior to Sugaya. The prosecutor's words stabbed Sugaya like short, sharp arrows and finally broke him. "I'm sorry. Please forgive me," Sugaya croaked tearfully.

I cannot even begin to imagine the anguish and humiliation that Sugaya felt as he was driven to confess, over and over, to a murder he did not commit. Nor can I help thinking bitterly of how the trial might have turned out if the court had been allowed to hear this recording of how Sugaya was persuaded to eventually switch from asserting his innocence to "again admitting his guilt."

The transcript of the interrogation made no note of the long silences that fell in the interrogation room, nor of Morikawa's grunts and Sugaya's racking sobs. Had all these non-verbal elements been duly noted in their entirety in the interrogation transcript, it would have been much easier to see an accurate picture of how Sugaya finally broke down and "confessed."

I hope this gross miscarriage of justice will not be remembered solely for the sobering lesson it has taught us. If that is all, Sugaya will have truly wasted the 17 and a half years he was forced to live behind bars.

--The Asahi Shimbun, Jan. 23

***

Vox Populi, Vox Dei is a popular daily column that takes up a wide range of topics, including culture, arts and social trends and developments. Written by veteran Asahi Shimbun writers, the column provides useful perspectives on and insights into contemporary Japan and its culture.