A Honey Trap in Spain, A Jail Cell in Japan.
by
Michael H. Fox
2019 was a good time for Netherland's citizen Petrus Van Minderhout. He met a 'Japanese' woman over the internet and the two became intimate friends. He wanted to visit Spain and become better acquainted.
Luck came his way. She had a business deal in Japan and needed a partner. Would he like a free trip and payment of 2000 euros? All he needed was to transport some money-the paperwork was complete. With little experience overseas, Petrus jumped at the offer. Soon he was off to Spain.
Upon arriving at the airport, his acquaintance suggested a new bag as his was too small to carry the money. She replaced it with one slightly larger. He boarded the plane and was off to Japan.
Welcome to Japan.
After landing he passed through customs. His suitcase was searched and 9976 grams (22 lbs) of meta-amphetamines was stuffed inside a plastic bag. Less than 30 minutes after touching down, Petrus was in handcuffs and en route to jail.
His trial was to begin in March but was postponed 3 additional months due to the pandemic. He sat in a three mat room, bereft of tv, radio or any reading matter in his native language. He was not allowed to speak with other prisoners and had to look down at the floor whenever he left his cell. In his own words, "I became a bit crazy."
Finally, a jury was chosen and the trial started. After hearing his testimony, the three judges and six citizens deliberated. In delivering the sentence, the judge declared, "Since he brought his own suitcase, changing en-route is unnatural. He should have known of the possibility that it contained drugs." He was declared guilty, and sentenced to seven years of labor and a fine.
A Second Chance.
Petrus appealed. Usually, court appointed lawyers change during the interval from district to the high court. Petrus insisted that attorney Kyosuke Nishiwaki continue with the appeal.
Though Petrus was severely depressed, his lawyer was optimistic. Perhaps exceedingly so, "In this country innocent defendants are found not guilty." A risky statement--statistically, 99.7% of criminal cases end in decisions of guilt
The high court trial began in front of three judges. The Tokyo High Court is a prestigious position in the judiciary, and those who get promoted are typically conservative, and adverse to the pleas of the criminally accused, particularly foreigners.
On April 26, 2021, the high court issued its decision. The lower court decision was reversed, Petrus beat the odds and was found not guilty!
Others not so lucky
He is one of the lucky ones. In 2012, English citizen Monique Gressani came to Japan, similarly, on a business errand. She was to pick up and deliver a box containing a statue. After arrival, she proceeded to the post office to retrieve the packaged addressed to her. Inside was 6 kilograms of meta-amphetamines. Upon presenting I.D., she was promptly arrested. The courts were not sympathetic-she was sentenced to 12 years and a fine of 6 million yen ($50,000). The sentence was confirmed. She was returned to the UK and is serving out the sentence.
Not Only Foreigners.
Foreigners are not the only ones who get duped into becoming drug mules. Sachio Sekiguchi, a Japanese resident of Canada, was asked to bring a package back for an acquaintance. In his own words, "I thought it might have been something...you know...not available in Japan. Since it was a friend of mine, I was not concerned."
The "something" turned out to be 6.2 kilograms of meta-amphetamines.
Sekiguchi went to court. The result was a gift from God--he was found not guilty!
Short Lived Happiness
In Japan, the prosecution has the right to appeal decisions of 'not guilty.' And that is exactly what occurred. The high court reversed, Sekiguchi was sentenced to 11 years and a 6 million yen ($50,000) fine. He is currently serving time in prison.
Back in Tulip Country.
Petrus is happy to be back home. He lost his job and residence while away, but is comfortable. His attorney thinks the Carlos Ghosn debacle may have helped the case. "Ghosn brought a lot of unfortunate attention to Japan's criminal justice system. The court may have taken this under consideration."
Ghosn and Petras, for different reasons are out of the snares of the Japanese justice system. Nothing matches the freedom of walking under the sky on a clear day. The sun shines in many different ways.