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Nicholas John Baker

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This is an old revision of this page, as edited by David Lyons (talk | contribs) at 01:58, 25 July 2007 (→‎Background and arrest: added "synthetic". Can we make this phrase future-proof. Such as adding "at the time", or "up until that time"?). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Nick Baker
File:NickBaker.jpg
Statusin prison in Japan
Occupationchef
Criminal chargeDrug smuggling
Penalty11 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, and found guilty by the Chiba Prefecture District Court in June 2003. He was sentenced to 14 years jail with forced labour and fined ¥5,000,000. 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 that he was forced to sign a confession written in poor and inaccurate English. Baker's 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.

Background and arrest

Baker, a trained chef[1][2] and former sandwich-shop manager,[3][4] ran a fencing business in his home town of Stroud, Gloucestershire,[5] where he lived with his fiancée and their baby son.[6][3] Described as easy-going,[5] he met James Prunier 2-3 years previously "through football" according to his mother, Iris.[7][8]

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.[9][1].

Baker claimed in a later statement that he had been drinking and was tired from the long flight. He reported that after he and Prunier were split-up at airport immigration, they had met up again at the baggage carousel, and Prunier had 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."[6] When the bag Nick Baker was carrying was searched in customs, 41,120 tablets of ecstasy and 992.5 grams of cocaine were found hidden in false compartments of the suitcase,[7][10] the largest-ever single synthetic drugs haul at Narita airport.[10][4] Baker, who has a heavy regional accent,[11] reported that he told the customs officials with limited English language skills that the case was Prunier's.[6] Prunier was allowed through customs, and although Japanese police monitored his mobile telephone conversations and his movements (including photographing his departure from Japan two days later), he was not detained or questioned.[12][13]

Initial detention

As is customary in Japan, following his arrest Nick Baker was detained for 23 days and questioned without access to a lawyer.[14] According to Fair Trials Abroad, 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.[13][5] Baker claimed that throughout this period the lights were kept on so he could not sleep and that he did not eat for 20 days.[6] 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 falsifications and mistranslations had taken place. 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.[9] Baroness Sarah Ludford, a member of the European Parliament and justice spokeswoman for the United Kingdom's Liberal Democratic Party, claimed that the Japanese-English interpretation was inadequate and that Baker was made to sign a witness statement in Japanese, a language he did not understand.[15][6] Baker later 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.[1][16] Baker was indicted on May 1 for violation of the Narcotic and Psychotropic Drug Control Law, and Customs Law.

Baker's mother reported that 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.[1] Until the start of his trial ten months later, Baker was kept in solitary confinement for refusing to admit his guilt,[1][17][18][6] and put on suicide watch because of depression.[12]

Chiba District Court trial

The trial, which opened in February 2003,[19][20] 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.[14] The court did not accept evidence from the Belgian police on the suspected methods of Prunier.[14][21] 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.[9]

The presiding judge, Kenji Kadoya, who had never found a defendant innocent in a career spanning more than a decade,[5][21] 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. The judge also noted a signed confession in Japanese, which implied Baker knew he was carrying drugs in the bag.[16] Baker denied he had made such a confession[16] and that 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,[14][21]. He claimed that the police had told him he would be freed if he signed the document.[16]

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."[12] In June 2003, Baker was sentenced to 14 years in prison with forced labour and a ¥5,000,000 fine.[12][22]

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.[12] 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".[12]

Tokyo High Court appeal

The High Court appeal began March 2004.[19] During the course of the appeal the court-appointed translator was changed.[23] The defence submitted expert testimony about translation errors during the first trial and argued that poor translation during police interrogations and during the district court trial had affected the outcome of the trial. [24][11][16]

On October 27 2005, the presiding judge upheld the guilty verdict,[25][16] rejecting defence suggestions that the translation was poor,[16][24] of an improperly conducted investigation, and that important evidence had been ignored at the original trial.[26][16] 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."[26] He also noted that the drugs were very skillfully hidden,[16] and that more than half of the contents of the suitcase belonged to Baker, suggesting that it belonged to him.[16][24] The judge also commented that "the defendant has not reflected sincerely on his acts."[16] However, he 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.[26]

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.[27][16] Baker's lawyer said that it was "deeply regrettable that everything we argued in court was dismissed,"[24] In November 2005, Baker decided not to appeal to Japan's Supreme Court[27] and was transferred to Fuchu Prison to begin serving his sentence.[28] Having served one third of his sentence, Baker has applied for a transfer to a UK prison, and this may take place in 2008.[29][30]

Reactions

In April 2003, Baker's mother Iris broke her silence, stating her belief that Nick Baker was innocent and had been framed.[19][27] Since that time she has led a campaign against her son's allegedly unfair trial, for better prison treatment and more recently for a transfer back to a UK prison.[27][29] In September 2003, a petition signed by more than 1,000 people,[31][32] including several Members of European Parliament, was presented by Iris Baker and Sarah Ludford to Tony Blair at 10 Downing Street.[19][33][34] In July 2003, 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.[5] A question was raised in the British House of Commons in 2004 regarding progress of the case and Baker's health and confinement conditions.[35]

Support also came from the International Bar Association who cited problems specific to the Baker case, particularly the lack of any recordings of interrogations,[36] 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.[37] 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.[38] 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.[39][40][41]

See also

References

  1. ^ a b c d e Noblestone, Josh (November 7, 2003). "Trial and error". Metropolis (Japanese magazine). Retrieved 2007-05-25. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  2. ^ Lloyd Parry, Richard (20 August 2004). "Death of drugs trial witness deepens riddle". The Times. Retrieved 2007-07-13. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  3. ^ a b "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)
  4. ^ a b Lewis, Leo (November 2003). "And justice for all … Nick Baker is imprisoned in Japan. Should he be?". Japan, Inc. Retrieved 2007-07-24. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  5. ^ a b c d e Mcneill, David (27 October 2003). "A nightmare abroad". The Independent - London. Retrieved 2007-07-13. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  6. ^ a b c d e f McNeill, David (October 28, 2003). "Convicted Briton says he was drug run patsy". The Japan Times. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  7. ^ a b Tibbetts, Graham (24 May 2003). "Fair trial fears for Briton in drugs case". Daily Telegraph. Retrieved 2007-07-20. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  8. ^ "Train suicide for drugs case man". BBC News. February 9, 2005. Retrieved 2007-05-25.
  9. ^ a b c "The struggle for Justice". theforeigner-japan.com. November 2003. Retrieved 2007-05-25.
  10. ^ a b Noblestone, Josh (Friday, Oct. 21, 20053). "British inmate awaits verdict on drug-bust appeal". The Japan Times. Retrieved 2007-07-23. {{cite web}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  11. ^ a b "Interpretation mistakes marring justice in Japan's courts". The Japan Times. October 25, 2005. Retrieved 2007-05-25.
  12. ^ a b c d e f "'Duped' Briton gets 14 years: Outrage over Japanese drug smuggling sentence". The Guardian. June 13, 2003. Retrieved 2007-01-14.
  13. ^ a b "Nick Baker, Japan, March 2004". Fair Trials Abroad. March, 2004. Retrieved 2007-05-25. {{cite web}}: Check date values in: |date= (help)
  14. ^ a b c d "Peer alleges Briton's trial is flawed". The Guardian. May 29, 2003. Retrieved 2007-01-14.
  15. ^ "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)
  16. ^ a b c d e f g h i j k l Ito, Masami (28 October 2005). "Drug felon Nick Baker's sentence reduced to 11 years". Kyodo News. Japan Today. Retrieved 2007-07-20. {{cite news}}: Cite has empty unknown parameter: |coauthors= (help)
  17. ^ "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)
  18. ^ "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)
  19. ^ a b c d "Stages in Baker case". The Citizen. 20 August 2004. {{cite news}}: |access-date= requires |url= (help); Cite has empty unknown parameter: |coauthors= (help)
  20. ^ "Man Tried In Japan Drug Case". The Citizen. 20 February 2003. {{cite news}}: |access-date= requires |url= (help); Cite has empty unknown parameter: |coauthors= (help)
  21. ^ a b c "I'll fight for my son until it kills me". The Guardian. August 18, 2003. {{cite news}}: |access-date= requires |url= (help)
  22. ^ "Briton gets for 14 years' jail for drug smuggling". The Independent. 13 June 2003. Retrieved 2007-07-23.
  23. ^ "Jailed Briton's appeal postponed". BBC News. May 11, 2004. Retrieved 2007-01-16.
  24. ^ a b c d "Briton has sentence for drug-smuggling reduced to 11 years". The Japan Times. 28 October 2005. Retrieved 2007-07-18. Cite error: The named reference "jt_reduced" was defined multiple times with different content (see the help page).
  25. ^ "Judge rejects drugs man's appeal". BBC News. October 27, 2004. Retrieved 2007-05-25.
  26. ^ a b c 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)
  27. ^ a b c d 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)
  28. ^ "Boy's card from prison". The Citizen. 14 March 2006. {{cite news}}: |access-date= requires |url= (help); Cite has empty unknown parameter: |coauthors= (help)
  29. ^ a b "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)
  30. ^ 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)
  31. ^ "Jailed Briton's family petition PM". BBC. 12 September, 2003,. Retrieved 2007-07-20. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)CS1 maint: extra punctuation (link)
  32. ^ "Drug smuggler's friends appeal to Blair for fair appeal". Kyodo News International. 15 September, 2003. Retrieved 2007-07-20. {{cite news}}: Check date values in: |date= (help); Cite has empty unknown parameter: |coauthors= (help)
  33. ^ "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)
  34. ^ "The Campaign goes to Downing Street". Sarah Ludford MEP. September 11, 2003. Retrieved 2007-01-14.
  35. ^ "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)
  36. ^ "Interrogation of Criminal Suspects in Japan" International Bar Association, December 2003
  37. ^ "Nick Baker appeal result - The Japanese system was on trial and it failed". Fair Trials Abroad. 2005-10-27. Retrieved 2007-01-16.
  38. ^ "FTA Review 2006". Fair Trials Abroad. 2006. Retrieved 2007-05-30.
  39. ^ "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)
  40. ^ "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)
  41. ^ "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)

External links

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