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October 12th 2004
Nick Baker's fifth appeal hearing was held today in room 718 of the Tokyo High Court in Kasumigaseki. Today's session focused upon Nick's principle lawyer Shunji Miyake's questioning of Customs Official Kawashima, who headed up the initial investigation when Nick and Mr. A first arrived at Narita Airport on April 13, 2002.
Baker, wearing silver wire-rimmed spectacles and dressed in a light green shirt and gray suit, appeared thin and somewhat pale. The date marked almost exactly two and a half years to the day that Baker has spent in detention, mostly in solitary confinement. Defying the worst typhoon Japan had experienced in more than a decade, some 20 of Baker's Japanese supporters sat in the public gallery. The proceedings lasted two hours.
First, the Prosecutor spent some 10 minutes reviewing Kawashima's photographing of seized articles in the customs inspection area, to which Kawashima offered a n umber of corrections and apologies.
Next, as the three judges followed documents and took notes, Miyake proceeded with the cross-examination. There were many specific questions asked, regarding when and where the various inspections took place, who was involved and what articles were found where.
One might think that Kawashima would have the details of that day etched deeply in his memory, as it might be considered a sort of Holy Grail for a customs official -- the largest-ever carry-through estasy seizure at Japan's largest airport, a bust he was personally in charge of and for which he wrote and signed the confiscation report. But for almost every question Miyake asked, Kawashima's answer was the same.
"I don't remember."
Asked what other officers or officials were present during the inspection, Kawashima replied, "I don't remember."
When asked if personal effects from Baker's waist pouch had been mixed in afterward w ith items in the suitcase, Kawashima replied, "I don't remember."
In an apparent contradiction with previous testimony, when asked if the key for the suitcase was found in Baker's pocket or in the suitcase itself, or if he had any recollection of the confiscation of the suitcase key, Kawashima again replied, "I don't remember."
When asked about the confiscation report, which he was responsible for and signed but which was apparently written on at least two different computers and had different fonts and page layout, Kasahara suggested that an accident might have caused the pages to move during photocopying, or that there had been mistyping. When pressed on the point, he said it that "maybe" he had signed the confiscation report before it was completed, that is, it was possible information had been added, deleted or edited after he affixed his personal seal and signature.
When shown the official document in question and asked why his signature was written in pencil, Kasahara replied, "I don't remember." Asked if the document had in fact been completed not on April 13 as indicated, but at some later date, Kasahara quickly rejected the suggestion. "That's not true" he said.
In the last ten minutes of the hearing, Judge Toa directly questioned Kawashima, who had previously testified that he "or perhaps someone else" took the Polaroid photographs of the confiscated items. Today, Toa wanted clarification. Kawashima said that there were six people present, and that it was "maybe possible" that he himself had taken the pictures, or maybe he had taken some of them. When asked if any other parties had contacted him in any way regarding his preparation of the confiscation report, Kawashima replied, "I don't remember."
In total, Kawashima said "I don't remember" 46 times while on the witness stand today.
After dismissing the witness, Judge Toa set a sixth appeal heari ng, of 90 minutes, from 2:30 pm on December 7th. Court was adjourned until that time.
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From: Iris Baker: I saw Nick for two visits a couple of weeks ago, he was thinner than the last time I saw him, I took him a new suit and shirt and tie for the court hearings, they would not let him have the tie!!! When I visited I took my video camera with a short video of George Nicks son so that Nick could see George kick a ball and hear him say hello Daddy, as you know Nick as never heard his sons voice, needless to say he still as'nt as they would not let me show it to Nick, Nick was so dissapointed. I dont think theres any excuse for this cruel treatment.
