道しるべ

許されない「不起訴ありき」
「桜を見る会」捜査終結

2022/01/19
  東京地検特捜部は昨年末、安倍晋三元首相の後援会が「桜を見る会」の前日に開いた夕食会の費用を安倍氏側が補ほ填てんした問題で再び不起訴処分とした。「不起訴ありき」の幕引きは許されない。

  同特捜部は、公職選挙法違反と政治資金規正法違反の疑いで告発された安倍氏について、検察審査会の「不起訴不当」の議決を受け再捜査したが、「十分な証拠が得られず改めて嫌疑不十分」とした。

 捜査は終結した!? 

  「不起訴不当」の議決で検察は再捜査するが、強制起訴もあり得る「起訴相当」と異なり、2度目の処分結果が再び検審にかかることはなく、捜査は終結した。 

  夕食会は政治団体・安倍晋三後援会の主催で都内のホテルで開かれ、1人当りの会費は5千円、不足分は安倍氏側が補填した。告発を受けた特捜部は20年末、16~19年の後援会の政治資金収支報告書に夕食会の収支約3千万円を記載しなかったとして、後援会代表だった元公設第一秘書を政治資金規正法違反(不記載)で略式起訴。安倍氏は、全ての告発容疑で不起訴とした。 

  だが、東京第一検察審査会は昨夏、夕食会の費用補填が参加者に会費以上の利益を供与した公選法違反、安倍氏が代表の政治団体「晋和会」の会計責任者の選任・監督を怠った規正法違反の両容疑について「不起訴不当」と判断した。

  議決書は「一部の供述で参加者全体の認識の目安をつけるのは不十分」「メールなど客観証拠も入手して判断すべき」と捜査不足に言及。特捜部は範囲を広げて聴取、資料を再精査したが、寄付を受けた認識は参加者になかったなどと改めて判断した。
告発した弁護士は「どれだけ対象を広げたか不明で、国民の分からないところでの結論」と指弾する。 

  別の告発人は、「国会で118回うそをついた安倍氏に強制捜査せず、任意聴取で終わらせた」と批判。安倍氏側は、ホテルの明細書や領収書などの提出にも一切応じていない。 

政治の「私物化」も 

  問題は前夜祭だけでない。桜を見る会は、首相が各界の功労者を慰労するために国費・血税で開かれてきた。その会に地元の支持者を数百人規模で招待していた。政治の「私物化」、つまりは公金横領ではないのか。 

  桜を見る会を巡る一連の事件は何も解明されず、自民党最大派閥の会長に就任した元首相は説明責任を全く果たしていない。証人喚問などで真相を解明し、国民に明らかにすることは国会の責務だ。

英訳版↓

No. 1242 Investigation on ‘Cherry Blossom-viewing Party’ Closed

The special investigation team of the Tokyo District Public Prosecutors Office, again, rejected accusation of the ex-premier Abe Shinzo at the very end of the year 2021; his supporters’ office had been charged of illegal payment for the annual dinner receptions held for his local voters on the eve of the government-sponsored flower gatherings. The investigation was closed with a presumption to drop indictment. Such an ending of the illicit acts of the former prime minister cannot be justified.

EXEMPTION FROM PROSECUTION CANNOT BE JUSTIFIED

The said investigation team told that ‘sufficient evidences had not been found to indict Mr. Abe, though it had surveyed once again responding to the resolution of the ‘unjust withdrawing of the case’ issued by the citizens prosecution inquest panel. Mr. Abe’s camp had been accused of violations of the Public Offices Election Law and the Political Fund Control Law.

Investigation has been terminated!?

The investigation of the case has been closed free of re-examination by the citizens panel over the second-round result; the practice differs from the first-round decision of the ‘equivalent charge to indictment’, in which the public prosecutors’ office should investigate in accordance with the third-party’s decision and it may issue compulsory indictment.

The banquets were held in the lavish Tokyo hotels and hosted by the office of Abe Shinzo’s supporters; each participant paid 5,000 yen and the office covered the shortfall of expenses for the dinners. The public prosecutors’ office team, responding to the allegations of the panel, charged in the end of the year 2020 his former state-paid first secretary, who was the director of the Abe’s office, for failing in recording incomes and expenditures related to the hotel banquets held between 2016 and 2019, which amounted approximately 30 million yen. As for Mr. Abe personally, he was not accused of all the allegations.

But the Tokyo’s First Inquest Panel of citizens made a decision, the ‘unfair withdrawing of the case’, as the payment for shortfall had offered attendees more enjoyment than their fees could cover, which constitutes violation of the Public Offices Election Law, and as Mr. Abe’s negligence in nominating and managing a person in charge of accounting in his office, the Shinwa-Kai, had caused the scandal, violating the Political Fund Control Law.

The panel’s report referred to the unsatisfactory investigative efforts by the public prosecutors’ team, saying ‘it was not enough to grasp notions of all the participants by depending solely on the testimonies given by a few of them’, adding that ‘it is necessary to make judgment by obtaining objective evidence, such as e-mail communication’. The public team explained that they had made broader efforts by interrogating a bigger number of the invitees and by re-examining the materials. It concluded, again in the same way, that the participants had not had a belief to have enjoyed undue monetary benefit. A lawyer who accused the former premier said critically ‘nobody knew how far the broader investigation had been made. The decision of the public body had been made in the absence of people’s watching’.  

Another accuser criticized, saying that Mr. Abe had not been investigated, but only asked to clarify on the voluntary basis, though he had lied 118 times in the parliament. Mr. Abe and his aides have not yet responded appropriately to the orders to present the hotels’ bills and receipts.

Abe uses politics as private property

The problem is not limited to the banquets on the eve of the government’s main program. The cherry blossom-viewing parties are held and hosted by Prime Minister to honor people who made special contribution in their respective fields, with tax money being spent. Abe invited his constituency’s voters in the number of hundreds to the event. He took advantage of the custom in his favor, using politics as private property. Is the act embezzlement of public money?

The former prime minister was recently elected as chairman of the biggest faction inside the ruling Liberal Democratic Party though he had not fulfilled his right responsibilities. Full disclosure has not been made over the scandals related to the cherry blossom-viewing event.

The Diet has a duty to explain truths to the people clearly by requesting testimonies from witnesses.



January 19, 2022