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Originally posted by jam321
reply to post by smilodon
Thanks for your response, jam321, I agree it is good to be fair.
Your welcome. I must apologize. I posted the source because it was relevant to this great thread you made, not as a Japanese defense.
Originally posted by vox2442
...the Greenpeace accusers were arrested on charges of theft and illegal entry. Their case, coincidentally, should close this week. Odd how this story surfaced just in time for that...
Originally posted by smilodon
That said, I now fully realize you and I, everybody straying into online topics like mine, unwittingly is wading into a bloody conflict. Greenpeace AND Sea Shepherd are fearful of their employees ( Junichi Sato, Toru Suzuki, CPN Pete Bethune) getting railroaded in Japanese trials, imagining a judicial system overly sympathetic to the big business interests of whalers. I believe their cases are being concluded presently.
Originally posted by vox2442
Originally posted by smilodon
That said, I now fully realize you and I, everybody straying into online topics like mine, unwittingly is wading into a bloody conflict. Greenpeace AND Sea Shepherd are fearful of their employees ( Junichi Sato, Toru Suzuki, CPN Pete Bethune) getting railroaded in Japanese trials, imagining a judicial system overly sympathetic to the big business interests of whalers. I believe their cases are being concluded presently.
That's mildly offensive. And mildly amusing.
I'm curious: what has led you to the conclusion that Japan - a modern democracy, with a modern, independent judicial system - would have a legal system that could be so easily swayed by a relatively small business interest?
Originally posted by vox2442After all, the courts have ruled against companies with revenues in the billions of dollars - Toyota, NEC, Toshiba, Hitachi, and on and on - why would they suddenly be willing to scrap everything for an industry that *might* *someday* with the resumption of commercial whaling and all things in their favour, be worth a single percentage point of Toyota?
It's like suggesting that the courts in Holland are controlled by the wooden shoe lobby, or the tulip grower's association.
What led you to this irrational fear? Because you're certainly not alone in it.
When I decided to look into this issue a few years ago, I discovered that the anti- side of things tends towards three arguments (when viewed as a whole, be it on an ATS thread or responses to a news story):
1) Emotional commentary on the perceived beauty/intelligence/spirituality of whales
2) Uninformed comments on the nature of the whaling program
3) Irrational statements tinged with racism.
I'd suggest that your argument falls into the latter.
Originally posted by vox2442The Japanese are untrustworthy, driven by greed (two posts in this thread have mentioned those points), and therefore their courts must not be trusted. The deck is stacked, The "Tokyo Two " and Pete Bethune are being railroaded, we're right and the Japanese are wrong.
Originally posted by vox2442Unfortunately, it's not that simple. Peter Bethune has plead guilty to 4 of 5 charges. He is no longer a member of Sea Shepherd. They kicked him out. If he's being railroaded, I'd suggest it's not by the courts...
Originally posted by smilodon
You are misrepresenting my stated position (see quote overhead), pointing out that Greenpeace are imagining the Japanese judicial system to be overly sympathetic to the big business interests of whalers. Not my conclusion in there, but the acute concerns of the Greenpeace organization.
I take the strongest exception to being labeled 'racist', as my posts show this is totally baseless. As a matter of fact, I've said nothing against Japan's courts for the simple reason I'm not familiar with them.
Not so, I've referred to evidence/testimony that whalers have strayed into commercial whaling practices, which would be in breach of the International Convention for the Regulation of Whaling.
According to Sea Shepherd, Pete Bethune has only confirmed the facts of the case (boarding whaling vessel, rancid butter bottles lobbed on deck, attempted citizen's arrest), yet holds to his innocence of the charges brought.
Although you emphatically referred to a 'police investigation', or Tokyo DP's finding Junichi Sato/Toru Suzuki's complaint without merit, you have sofar not provided links to the investigation into embezzled whale meat. If you keep avoiding the issue I might begin to suspect no such info exists, perhaps because the Japanese investigation into alleged illegal whaling did not happen after all?
smilodon
The District Prosecutor initially agreed to investigate but then, suddenly on June 20th, the case was dropped.
5. An official investigation was started, but dropped on the basis of a short, unsubstantiated explanation from the whalers that they had investigated themselves and found themselves innocent
Originally posted by smilodon
Due to limit on post length, I couldn't insert source links/quotes above.
Pete Bethune, questioned on tresspassing charge, confirming his boarding of whaler Shonan Maru 2 to the Japanese Court:
"I admit that I boarded the Daini Shonan Maru, but I believe I had good reasons to do so."
A Sea Shepherd activist pleaded guilty Thursday at the start of his Tokyo trial to trespassing onto a Japanese research whaling vessel in the Antarctic Ocean in February but denied trying to hurt a crew member.
On a total of five charges mr. Bethune admits to real events and facts of the case, yet maintains his stance of Not Guilty. The distinction may have been lost on Japanese media and part of the public, because of some differences in Japanese and western judicial systems.
For vox2442: Sea Shepherd's decision to exclude Pete Bethune from future service at sea is more complex than mere dismissal. Formal reason: Bethune had brought bow and arrows aboard the Ady Gil, violating a non-violence clause enforced by Sea Shepherd.
She claimed Sea Shepherd was aware of the bow and arrows all along.
"They filmed him with them on the boat, so they must have known about it," she said.
Stategic considerations may well include Sea Shepherd trying to emphasize they do not condone endangering/harming whaling crews. They also eliminate Pete Bethune as a future threat to whalers, thus hoping to give grounds for leniency by the Japanese judges. On the other hand however, his last-minute exclusion from Sea Shepherd could backfire, taken as added condemnation by the court.
Source
Finally, Sea Shepherd Conservation Society has continued to provide CPN Bethune with top notch legal representation throughout the case. They keep fighting to have him exonerated from all charges.
smilodon
Originally posted by smilodon
I read your link (pdf) detailing the investigation into alleged whaling irregularities. Worrying problems in there, vox! Apparently Kyodo Senpaku passed on to the police their own internal investigation, asking crewmembers (in un-sworn testimony) whether they had resold souvenir whale meats to restaurants. A 'yes' would have harmed their livelyhood, and their company, so unsurprisingly no wrongdoing was reported, and Kyodo Senpaku whaling company could reassure the authorities everything was done 'fairly and properly'. This account shows that although as you say an investigation was 'opened' and 'dropped', it wasn't carried out by the police or the Tokyo District Prosecutor. Moreover Kyodo Senpaku seems to admit these gifts of 'unesu' whale meat had no written records. This could support Greenpeace's claims of 'embezzlement', precious meats removed from official stock effectively ripping off the Japanese taxpayer.
捕鯨船員は「不起訴相当」=鯨肉持ち帰り、検察審が議決
調査捕鯨船「日新丸」の乗組員が鯨肉を不正に持ち帰ったとして、環境保護団体「グリーンピース・ジャパン 」が業務上横領容疑で告発した問題で、乗組員の「共同船舶」(東京)社員12人を嫌疑なしで不起訴とした東 京地検の処分について、東京第1検察審査会は25日までに、「不起訴相当」を議決した。議決は22日付。
検審は議決書で、乗組員が持ち帰った鯨肉は土産や投棄する分、食料分だったと指摘。共同船舶が各乗組員に 贈与または持ち帰ることを認めたもので、業務上横領には当たらないとした。(2010/04/25-15:02)
Originally posted by vox2442
Originally posted by smilodon
I read your link (pdf) detailing the investigation into alleged whaling irregularities. Worrying problems in there, vox! Apparently Kyodo Senpaku passed on to the police their own internal investigation, asking crewmembers (in un-sworn testimony) whether they had resold souvenir whale meats to restaurants. A 'yes' would have harmed their livelyhood, and their company, so unsurprisingly no wrongdoing was reported, and Kyodo Senpaku whaling company could reassure the authorities everything was done 'fairly and properly'. This account shows that although as you say an investigation was 'opened' and 'dropped', it wasn't carried out by the police or the Tokyo District Prosecutor. Moreover Kyodo Senpaku seems to admit these gifts of 'unesu' whale meat had no written records. This could support Greenpeace's claims of 'embezzlement', precious meats removed from official stock effectively ripping off the Japanese taxpayer.
Care to practice your Japanese?
Japanese news sites dont tend to archive their news for some reason, so here is the entire story for posterity:
捕鯨船員は「不起訴相当」=鯨肉持ち帰り、検察審が議決
調査捕鯨船「日新丸」の乗組員が鯨肉を不正に持ち帰ったとして、環境保護団体「グリーンピース・ジャパン 」が業務上横領容疑で告発した問題で、乗組員の「共同船舶」(東京)社員12人を嫌疑なしで不起訴とした東 京地検の処分について、東京第1検察審査会は25日までに、「不起訴相当」を議決した。議決は22日付。
検審は議決書で、乗組員が持ち帰った鯨肉は土産や投棄する分、食料分だったと指摘。共同船舶が各乗組員に 贈与または持ち帰ることを認めたもので、業務上横領には当たらないとした。(2010/04/25-15:02)
Greenpeace lodged a complaint over how the prosecution handled the case. As a result (as per Japanese law) a Committee for the Inquest of Prosecution was set up, to determine if the Prosecutors had erred in not pressing charges.
This committee was made up of 11 random, independent civilians (similar to a Jury). Upon review of the case, their conclusion was that the prosecution (specificaly the 東京地検, the Tokyo District Public Prosecutor Office) had not erred in their decision to drop the embezzlement investigation as without merit.
So to recap:
The police investigated, and the charges were dismissed. Upon receiving a complaint, an independent review of the handling of the case and the actions of the District Prosecutor was held, and they too found that the case was without merit.
Oddly enough, despite the fact that this inquest was held at the request of Greenpeace, here we are two months later... and Greenpeace hasn't changed their tune. If anything, they are being more vocal about the issue. Lying by omission, or outright lying?
Doesn't matter. Keep sending those cheques, don't think about it.
Originally posted by smilodon
The latter was too much for the three whaling nations Japan, Norway and Iceland, thus whaling status quo continues, basically Lethal Research.
Originally posted by vox2442
Originally posted by smilodon
The latter was too much for the three whaling nations Japan, Norway and Iceland, thus whaling status quo continues, basically Lethal Research.
Status quo?
Not quite. There are a few major differences between whaling today and whaling in the decades preceding the moratorium.
Originally posted by smilodon
Iceland, Japan and Norway, hunting from 1987 onwards under Lethal Research exemption from the ban were put on hold for another year. They were offered a lifting of the ban for 10 years, at limited catch quota, with the provision that over time whaling would be totally eliminated.
The latter was too much for the three whaling nations Japan, Norway and Iceland, thus whaling status quo continues, basically Lethal Research.
Originally posted by vox2442
Critical to understanding this debate is this: Nations that were, once upon a time, major whaling nations (such as Australia and the USA) got out because whaling was no longer a commercially viable way of getting the oil as a raw material for industry, not because of any kind of environmental sensitivities.
Originally posted by vox2442
Modern whaling is not for industrial purposes (meaning the scale is significantly smaller), nor is it being carried out without regard for the stability of the species being targeted. Japan has spent two decades carrying out research on that topic. Not all of that is lethal research - see the IWC SOWER program, heavily backed by Japan both financially and logistically- which has been incredibly successful in determining the health of whale stocks in the Southern Hemisphere.
Originally posted by vox2442
...Committee for the Inquest of Prosecution was set up, to determine if the Prosecutors had erred in not pressing charges.
This committee was made up of 11 random, independent civilians (similar to a Jury). Upon review of the case, their conclusion was that the prosecution (specificaly the 東京地検, the Tokyo District Public Prosecutor Office) had not erred in their decision to drop the embezzlement investigation as without merit.