Masaharu Katsuno at the Tokyo High Court Today

Tokyo, Kasumigaseki - 7th December 2004 - 18:45 Japan Standard Time.

Nick Baker's 6th High Court appeal hearing ended just over two hours ago. Amid noticeably tightened security in courtroom 718, today's hearing began on time and lasted just under the allotted 90 minutes. Nick, wearing a dark grey suit and light green shirt and wire-rim glasses (he is not allowed to wear any sort of necktie) appeared physically well but very tired.

After he was escorted, tethered and shackled into the courtroom and seated between four guards - but before the judges arrived - he looked up to the ceiling and seemed to say a little prayer to himself that the proceeding would go well. He then composed himself before the appeal got under way proper. Throughout the appeal, he spoke quietly, answering "Hai" (Japanese for "Yes") on occasion.

The hearing began with presiding Judge Kenjiro Toa's questioning of Shunji Miyake, Nick's lawyer. This lasted around 10 minutes, and concerned:

1) A request for the release of confiscated personal items for defence examination, this accepted with consent of the prosecution.

2) The prosecution requested additional evidence regarding Mr. Kawashima the investigator, this was accepted with consent of defence.

3) The defence also petitioned for confirmation on the dates that the confiscation report was prepared and signed and presented to Nick and other details relating to that document, but the prosecution claimed that this was "...not necessary" and the judge has yet to rule whether to admit this evidence.

Then, Nick took the stand and answered several dozen questions for about one hour. The questions concerned procedures during the initial interrogation at Narita Airport; regarding the suitcase key which Nick says he never has in his possession, and the asthma inhalers that the confiscation report seems to place in the suitcase (Nick claims he had these in his possession as he needs them to breathe if he has an asthma attack). Also in question was the number of asthma inhalers.

The fact that Nick is still denied immediate access to asthma inhalers was also addressed:

Miyake: "You are not allowed to keep them in your cell?"

Nick: "No."

Miyake: "You have to summon a guard and request them every time you get an asthma attack, even if you can't breath?"

Nick: "Yes."

There were then a number of questions about the quality of the translations as they related to the statements Nick signed. "I was told I was not incriminating myself", Nick testified.

The translations at the original court hearings were also discussed, and it was during the course of this line of questioning that Judge Tao abruptly stopped proceedings.

In general, the focus of today's questioning seemed to be to discredit the confiscation report prepared by customs and the protocols they followed. In a post-hearing comment defence lawyer Miyake said he was satisfied with today's events.

Among the some 25 attendees in the public gallery was Japanese national Masaharu Katsuno, himself imprisoned for 10 and a half years in Australia after an investigation dogged by similar translation and investigative irregularities. The UN has directed Australian authorities to re-examine the case and conviction. Katsuno stated he "...wanted Nick to fight on".

Judge Tao set the next hearing set for January 13th 2005 at 14:30.

Nick is now in transit to the Tokyo Detention Centre where he will spend Christmas and New Year back in solitary confinement.

Iris Baker