"My clients can be considered to have not committed any offense, as what they were doing was exposing a crime in the greater public interest, and they did it with complete transparency at all times. The prosecutor is ignoring both the motivation and justification for my client's actions, and doggedly attempting to restrict this trial to one of "theft" and "trespass," which it is clearly not. The prosecution's case is threadbare, and it knows it."
-- lead Tokyo Two defense counsel, Yuichi Kaido, in court.
Yesterday, Junichi gave evidence to the court and today he was cross-examined along with Toru - who explained very clearly the comprehensive and professional nature of their investigation and the lengths they went to in order to substantiate the allegations made by the whaling industry whistle blowers. Junichi and Toru explained why they made the decision to seize the box of embezzled whale meat and why it was a final and crucial piece of evidence needed before delivering their dossier to the Tokyo Prosecutor.
State of fear
When the prosecution asked why the pair did not report the embezzlement allegations to the authorities immediately - Junichi explained that he believed the police might not investigate them unless they were compelled by overwhelming evidence - particularly since politicians appeared to be involved in the scandal. He stressed that this concern has been borne out by the subsequent heavy-handed reaction of the Japanese authorities. No less than 75 police officers raided our Tokyo office and the homes of five Greenpeace staff members. They failed to disclose relevant evidence that we requested and have subjected Junichi and Toru to a prosecution lasting almost two years - while none of the whalers have been prosecuted.
Junichi was on the stand for 3 hours yesterday. He began by describing his early life, his university education in the US and Mexico, and how he was drawn to activism against poverty and working with Native Americans and poor communities in Nicaragua. He spoke of his motivations to apply for a job at Greenpeace in Japan and told the court about our organisation - what we do and why he decided to campaign for the whales in Japan.
He then went on to describe the Greenpeace whales campaign, Japan's position on whaling and their so-called "research" whaling program in the Southern Ocean Whale Sanctuary. He outlined the corruption that he uncovered with Toru, the approach from two whistleblowers who they could not ignore, how and why they performed their investigation. He concluded that taxpayers money was being used illegally and that both he and Toru felt it was important to stand up and expose corruption no matter how high up it goes.
Junichi with the whale meat when the Tokyo Two exposed the scandal to the media in Japan
Rights over wrongdoing
In conclusion Junichi addressed the judges directly, calling upon them to stand firm, to refuse to bow to pressure from corrupt officials desire to see ordinary citizens punished for exposing wrongdoing in the government. In most democratic countries this is a given, a righ, but not in Japan. It was a very emotional direct appeal to the court.
Toru's evidence complemented Junichi's. He explained Greenpeace's professionalism and sincerity for doing the right thing. He was equally emphatic. Toru laid out his own background for the court - describing the charitable organsations that he created in Japan, his work with homeless people and local communities. He spoke of how he became involved with the Greenpeace agriculture campaign as a volunteer and how - following encouragement from his wife - he ended up working for us in his current position.
The court learned about our history of non-violent direct action, bearing witness, and our commitment to finding solutions to make the world a better place. Toru then told the court that he was certain whaling in the Southern Ocean was wrong and that the whale meat embezzlement was an offence to citizens of Japan.
He explained our methods of tracking the embezzled whale meat box, cross checking data, ensuring things were checked and double checked, documenting the investigation on tape as evidence, reviewing the Fisheries Agency public information and websites, making calls for verification and taking the time to go on scouting missions.
Toru detailed the completion of the exhaustive investigation, and how the Tokyo Prosecutor promised to fully investigate their claims - only to suddenly drop the case one day before Junichi and Toru were arrested.
Prosecutor: "Why didn't you take the box directly to the police?"
Toru: "We felt we needed strong proof so the police couldn't ignore it. We had information that politicians were receiving whale meat so I didn't think the police would take action. We felt we needed to get media and society involved. What we have gone through - our arrest, the failure to disclose information, the absence of meaningful investigation and everything I have experienced up to this day - makes me confident that my suspicions were right."
He noted that the warrant was for a $500 box of whale meat and wondered why so many police were needed. Eight police also came to Toru's home. During the arrest one of the officers remarked to him that it was very unusual to have this many police involved, saying that he thought "what you did was great."
Speaking directly to the judges, looking them in the eye, Toru argued that Japanese authorities should not pressure citizens like this, citizens who are trying to change society for the better - by exposing unethical and illegal activities.