Division 5 of the Tokyo High Court denied the objection filed by Tokyo High Public Prosecutor’s Office in Mainali Case, a 1997 murder case, on July 31st (JST). Previous posts about the Mainali Case here, here and here.
Division 4 of the Tokyo High Court granted the petition for retrial for Govinda Mainali, as well as his release from custody last month. The Prosecutor’s Office immediately filed an objection, but the objection was denied today by Division 5 of the same court. The Prosecutor’s Office has until August 6th to file a Special Appeal to the Supreme Court. If the Prosecutor’s Office does not appeal or loses appeal at the Supreme Court, Division 4 of the Tokyo High Court will hold a retrial for Mainali. It has been reported that it is unlikely that the Prosecutor’s Office will appeal.
Mainali was convicted for a murder in 2000. In March 2005, Mainali filed for a retrial to the Tokyo High Court. Later, a new DNA testing was conducted. The new test focused on the semen found on and inside the body of the victim. Fifteen samples from the crime scene were tested, but none of the DNA type matched Mainali’s. The unknown profile from the semen did match that of the two pubic hairs found in the crime scene.
The decision which granted Mainali a retrial in June stated that it was likely that the third person whose DNA was on the victim had a sexual intercourse with the victim and later killed her. In the Objection, the prosecution stated that this new evidence only suggests that the victim had sexual intercourse with this unknown third person on the evening of the incident, but the court today denied this claim as unreasonable. The prosecutors also sought a new DNA testing of a substance on victim’s hand, but the court denied the request.