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Revision as of 14:17, 18 July 2007 by David Lyons (talk | contribs) (→Tokyo High Court appeal: Added better source for lawyer comment)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff)| Nick Baker | |
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| File:NickBaker.jpg | |
| Status | in prison in Japan |
| Occupation | chef |
| Criminal charge | Drug smuggling |
| Penalty | 11 years imprisonment, ¥3,000,000 fine |
Nicholas John 'Nick' Baker is a British citizen who was convicted of smuggling cocaine and ecstasy into Japan. He was arrested at Narita Airport, on April 13 2002.
At his trial Baker claimed that he was tricked by his travelling companion, James Prunier, into carrying the drugs through customs in a false-bottomed suitcase. Baker also claimed that during his initial detention he was mistreated by Japanese authorities with sleep deprivation, no access to legal counsel, and forced to sign a confession written in poor and inaccurate English. Baker was found guilty by the Chiba Prefecture District Court of the charges and was sentenced to 14 years jail with forced labour and fined ¥5,000,000. The conviction was upheld on appeal but Baker's sentence was reduced to 11 years in prison and the fine to ¥3,000,000. Baker will be eligible for transfer in 2008 to serve the remainder of his sentence in England.
Pre-arrest
Baker, a trained chef and former sandwich-shop manager, ran a successful gardening business in his home town of Stroud, Gloucestershire, where he lived with his fiancée and their baby son. Described as easy-going, he met Prunier 2-3 years previously "through football" according to his mother, Iris.
According to Baker, in April 2002, while he and Prunier travelled to Europe to buy up clothes to resell at flea markets in the countryside, Prunier suggested a trip to Japan for the upcoming FIFA World Cup in June. Baker, a football fanatic, was eager to go, but the championships coincided with the busiest months of his fencing business, and the trip was initially cancelled. Prunier then suggested they leave before June, for sightseeing and to buy World Cup souvenirs. Baker and Prunier left Brussels National Airport in Belgium on April 12, transited through London's Heathrow Airport and arrived at Tokyo's Narita airport at approximately 11:00 a.m. JST, on April 13, 2002..
Baker claimed he had been drinking and was tired from the long flight. After he and Prunier were split-up at airport immigration, Baker claimed that when he arrived at the baggage carousel Prunier was already there holding his own suitcase. Baker said that Prunier told him "I haven't seen your bag yet, Nick. You grab this and get in a queue and I'll join you when yours comes out." Baker followed this suggestion and lined up in front of the customs gate. Prunier meanwhile joined another queue with Baker's sports bag.
A customs search located 41,120 tablets of ecstasy and 992.5 grams of cocaine hidden in false compartments of Prunier's suitcase. Baker, who has a heavy regional accent, tried to explain to customs officials (who had limited English language skills,) that the case was his friend's. Meanwhile, Prunier fled the airport, and although Japanese police monitored his movements and mobile telephone conversations and photographed him leaving the country two days later, he was never questioned or arrested.
Arrest and initial detention
Baker was indicted on May 1 for violation of the Narcotic and Psychotropic Drug Control Law, and Customs Law. According to Fair Trials Abroad, after his arrest Baker was interrogated by as many as six police officers at any one time, with his hands tied behind his back and shackled to a chair without any access to legal assistance. Baker claimed that throughout this period the lights were kept on so he couldn't sleep and that he didn't eat for 20 days. He further claimed that the police told him that if he signed a statement he would be incriminating Prunier and that he would be allowed to return home.
Baroness Sarah Ludford, a member of the European Parliament and justice spokeswoman for the United Kingdom's Liberal Democratic Party, claimed that Baker's interpretation was inadequate and that he was made to sign a witness statement in Japanese, a language he did not understand. Baker's lawyer, Shunji Miyake, stated that since there was no video or audio recording of the police interrogations, there was no way to check whether they falsified and mistranslated what Baker had said. Miyake also questioned what he claimed were the 'leading nature' of the questions asked by the interrogators, and suggested that the written answers were misleading. Baker's mother claimed his health had deteriorated during his detention including bleeding gums, a broken finger, daily headaches, severe depression, and extreme back pain caused by sitting on the concrete floor. Until the start of his trial ten months later, Baker was kept in solitary confinement for refusing to admit his guilt, and put on suicide watch because of depression.
Chiba District Court trial
The trial, which opened in February 2003, centred on whether Mr Baker had been aware of the contents of the suitcase. Baker said he had been tricked into carrying it by Prunier. The court did not accept evidence from the Belgian police on the suspected methods of Prunier. According to Baker's mother, Iris, the prosecution also did not accept a copy of Baker and his partner's earnings, even though they were stamped by the British Embassy, saying they could be forgeries.
The presiding judge, Kenji Kadoya, who had never found a defendant innocent in a career spanning more than a decade, said Baker must have known the contents of the case because he carried the key and told customs officials and prosecutors that the case belonged to him. Baker said his words had been misunderstood by officials with a poor grasp of English and inadequate interpreters who attended an interrogation which was never recorded or witnessed by a defence lawyer.
In a three-hour judgment, which was an almost word-for-word copy of the prosecution's argument, Kadoya said "This is a heinous crime. "This amount of drugs was a record. If they had entered our country, they would have harmed a large number of people." In June 2003, Baker was sentenced to 14 years in prison with forced labour and a ¥5,000,000 fine.
Baker's lawyer said Baker had been punished more heavily because he had protested his innocence rather than confessing, which is the usual method by which prosecutors secure convictions. Lady Ludford said "Nick's trial was marked by an absence of safeguards expected in a civilised country: no lawyer present for three weeks of interrogation, no taping of interviews, and ten months in solitary confinement for protesting his innocence. Most crucially for the defence, vital evidence was ignored".
Tokyo High Court appeal
The High Court appeal began March 23, 2004 and ended on October 27, 2005, during which time the court convened 11 times for a total of around 18 hours. During the course of the trial the court-appointed translator, the prosecutor, and one of the judges was changed (Japan does not have a jury system, each trial is overseen by three judges).
The defence argued that there was collusion between prosecutors and customs investigation officers regarding the initial customs officers report. A reconstruction of the case and its contents was submitted in order to show that the key could have been in a pocket in the suitcase all along and that the customs officials, who had earlier said that Baker had had the key on his person and had tossed it into the case might have lied. They also submitted testimony from a linguistics professor showing discrepancies in the Chiba district court trials translation of Baker's statements.
On October 27 2005, the presiding judge upheld the guilty verdict, rejecting defence suggestions of an improperly conducted investigation and that important evidence had been ignored at the original trial. The judge questioned why Baker had travelled to Japan after Mr Prunier had told him "If anything goes wrong on the way to Japan, your family will be killed." However, the judge reduced the sentence from 14 years to 11 years noting that Baker did not seem to be the mastermind, and his family had been worried about him. Baker's fine was also reduced from ¥5,000,000 (approximately £24,392) to ¥3,000,000 (approximately £14,635). This had to be paid within four weeks or he would have to serve an extra 150 days of hard labour. Baker was awarded time served of 1,172 days against the sentence, excluding a percentage of time held in remand during the district court trial. His work rate was raised from ¥10,000 to ¥20,000 (approximately £97.58) per day. A daily "work rate" is the sum deducted from his fine, if it remains unpaid. Baker's lawyer said that it was "deeply regrettable that everything we argued in court was dismissed," In November 2005, Baker decided not to appeal to Japan's Supreme Court and was transferred to Fuchu Prison to begin serving his sentence. Having served one third of his sentence, Baker has applied for a transfer to a UK prison, and this may take place in 2008.
Reaction to trials
In the summer of 2003, soon after the Chiba District Court verdict, Baker's mother Iris launched an awareness campaign and website and called on concerned people to contact the Japanese and British embassies in their countries to demand fair and just treatment for Baker and other detainees in Japan. A petition signed by more than 10,000 people, including several Members of European Parliament, was presented by Iris Baker and Sarah Ludford to Tony Blair at 10 Downing Street. Iris Baker later presented the petition to the Tokyo High Court. A question was raised in the British House of Commons regarding progress of the case and Baker's health and confinement conditions and Lady Ludford called for Tony Blair to raise the issue during a summit with his Japanese counterpart Junichiro Koizumi though he did not do so.
Support also came from the International Bar Association who cited problems specific to the Baker case, particularly the lack of any recordings of interrogations, and from Fair Trials Abroad. Director Stephen Jakobi said Baker's case raised major concerns regarding the Japanese justice system and its compliance with the International Covenant on Civil and Political Rights. FTA also cited linguistics Professor Makiko Mizuno of Osaka's Senrikinran University, who criticised the Japanese judiciary's understanding of what constitutes an able interpreter. Mark Devlin, the publisher of Japan Today, initially supported the Nick Baker campaign, but in 2004 he withdrew his support and publicly criticized the campaign.
See also
References
- ^
Noblestone, Josh (November 7, 2003). "Trial and error". Metropolis (Japanese magazine). Retrieved 2007-05-25.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help) - "Nick wasn't set up says travelling companion". Wilts & Gloucestershire Standard. August 29, 2003. Retrieved 2007-05-27.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help) - ^ McNeill, David (October 28, 2003). "Convicted Briton says he was drug run patsy". Japan Times.
{{cite web}}: Cite has empty unknown parameter:|coauthors=(help) - "Train suicide for drugs case man". BBC News. February 9, 2005. Retrieved 2007-05-25.
- ^ "The struggle for Justice". theforeigner-japan.com. November 2003. Retrieved 2007-05-25.
- ^
"Nick Baker, Japan, March 2004". Fair Trials Abroad. March, 2004. Retrieved 2007-05-25.
{{cite web}}: Check date values in:|date=(help) - ^ "Nick Baker, Japan, March 2004". www.fairtrialsabroad.org. March,2004. Retrieved 2007-07-13.
{{cite web}}: Check date values in:|date=(help); Cite has empty unknown parameter:|coauthors=(help) - ^ "Interpretation mistakes marring justice in Japan's courts". The Japan Times. October 25, 2005. Retrieved 2007-05-25.
- ^ "Judge rejects drugs man's appeal". BBC News. October 27, 2004. Retrieved 2007-05-25.
- ^ "'Duped' Briton gets 14 years: Outrage over Japanese drug smuggling sentence". The Guardian. June 13, 2003. Retrieved 2007-01-14.
- ^ Mcneill, David (27 October 2003). "A nightmare abroad". The Independent - London. Retrieved 2007-07-13.
{{cite news}}: Cite has empty unknown parameter:|coauthors=(help) - "Nick Baker case: the final leg". www.sarahludford.org.uk. 20 July,2005. Retrieved 2007-07-17.
{{cite web}}: Check date values in:|date=(help); Cite has empty unknown parameter:|coauthors=(help) - "Nick Baker case - 3 years on". www.sarahludford.org. 19 April,2005. Retrieved 2007-07-13.
{{cite web}}: Check date values in:|date=(help); Cite has empty unknown parameter:|coauthors=(help) - ^ "Stages in Baker case". The Citizen. 20 August 2004.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - ^ "Peer alleges Briton's trial is flawed". The Guardian. May 29, 2003. Retrieved 2007-01-14.
- "Jailed Briton's appeal postponed". BBC News. May 11, 2004. Retrieved 2007-01-16.
- ^ "Nick Baker case - key proves key to the defence". Sarah Ludford MEP. June 8, 2005. Retrieved 2007-01-16.
- "Nick Baker trial - spotlight on mistranslations". Sarah Ludford MEP. January 12, 2005. Retrieved 2007-01-16.
- ^ Lewis, Leo (28 October 2005). "Drug-run Briton to stay in Japanese jail". The Times. Retrieved 2007-07-13.
{{cite news}}: Cite has empty unknown parameter:|coauthors=(help) - ^ Hollingsworth, William (4 November 2005). "British drug smuggler rules out further appeal". Kyodo News.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - "Briton has sentence for drug-smuggling reduced to 11 years". The Japan Times. 28 October 2005. Retrieved 2007-07-18.
- "Boy's card from prison". The Citizen. 14 March 2006.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - "Let me complete my prison sentence in UK". The Citizen. 3 July 2007.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - Shepherd, Tom (10 January 2007). "Mother calls on Blair to help imprisoned son". Newsquest Media Group.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - "Briton convicted for drug smuggling in Japan starts appeal". The Associated Press. 23 March 2004.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - "The Campaign goes to Downing Street". Sarah Ludford MEP. September 11, 2003. Retrieved 2007-01-14.
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"House of Commons Hansard Written Answers for 8 Dec 2004 (pt 28)". The Stationery Office Ltd. December 08, 2004. Retrieved 2007-05-30.
{{cite web}}: Check date values in:|date=(help) - "Interrogation of Criminal Suspects in Japan" International Bar Association, December 2003
- "Nick Baker appeal result - The Japanese system was on trial and it failed". Fair Trials Abroad. 2005-10-27. Retrieved 2007-01-16.
- "FTA Review 2006". Fair Trials Abroad. 2006. Retrieved 2007-05-30.
- "Prisoner's mother is accused by publisher". Swindon Advertiser. 30 September 2004. Retrieved 2007-07-17.
{{cite news}}: Cite has empty unknown parameter:|coauthors=(help) - "Iris visits jailed son in Japan". Gloucestershire Echo. 22 September 2004.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help) - "Iris sees her son in Japan prison". The Citizen. 18 September 2004.
{{cite news}}:|access-date=requires|url=(help); Cite has empty unknown parameter:|coauthors=(help)