DNA on cigarette butt gave the alleged killer of a businessman, but the court acquitted him

In Japan, a court has acquitted Yukio Tanaka, 59, who was accused of killing the head of a large restaurant company nine years after the crime. The main evidence against the man became cigarette butts found near the place of execution of the businessman. The examination found the DNA of the accused, but the court concluded that this does not prove his involvement in the murder. The prosecutor's office demanded life imprisonment.

According to Japan’s Kyodo News Agency, on October 16, the Kyoto District Court acquitted the murder of 72-year-old Takayuki Ohigashi, who headed the Ohsho Food Service, which runs the famous restaurant chain Gyoza no Ohsho in Japan.

The crime occurred in the early morning of December 19, 2013. At about 05:45, the company’s executive was shot dead in a parking lot near its headquarters in the Yamashina district of Kyoto. The attacker shot the entrepreneur several times in the chest and stomach. Ohigashi died of his injuries due to blood loss.

The murder of the head of a large restaurant chain caused a wide public outcry. Despite a long investigation, it was not possible to establish the identity of the shooter for a long time.

One of the most important findings of criminologists were two cigarette butts found near the crime scene. The study of biological traces showed that the DNA on them coincides with the genetic profile of Yukio Tanaki.

By the time of detention, the man was already serving a sentence in another criminal case. In October 2022, almost nine years after the death of the entrepreneur, he was charged with a new charge.

Tanaka was one of the leaders of the Kudokai criminal group operating in Japan. The investigation suggested that he was involved in a pre-prepared attack on the entrepreneur.

According to prosecutors, the accused arrived at the headquarters of the Ohsho Food Service, waited for the appearance of the head of the company and smoked cigarettes. After the murder, he allegedly left cigarette butts near the parking lot.

The prosecution also provided other circumstantial evidence. In particular, investigators examined the stolen motorcycle, which found traces of substances formed when fired from firearms.

In addition, the Prosecutor’s office referred to the recordings of CCTV cameras installed near the house of the deceased. The footage showed a man whose physique the prosecution believed matched Tanaka's appearance. However, the investigation did not provide direct evidence that it was the accused who shot the entrepreneur.

The defense insisted that the cigarette butts found could have been near the murder scene under completely different circumstances. The lawyers drew attention to the absence of the characteristic white ash that usually remains after smoking.

According to them, the cigarettes could have been smoked by Tanaka elsewhere, and then transferred to the headquarters of the company by an outsider. The defense did not rule out that in this way the real participants of the crime tried to direct suspicion on another person.

The accused during the trial denied involvement in the murder and claimed that he did not commit a crime.

After evaluating the materials presented, Judge Atsushi Nishikawa acknowledged that the cigarette butts found were indeed related to Tanaka. However, it was not possible to establish when and under what circumstances they were near the scene of the murder.

The court did not rule out the possibility that cigarette butts were brought there by another person. Therefore, DNA matching alone does not confirm the defendant's presence in the parking lot at the time of the crime.

The court and other evidence were not convinced. Traces of shots on the stolen motorcycle did not allow to reliably link the vehicle with Tanaka. The similarity of the human physique in the video recordings also proved insufficient for reliable identification.

As a result, the court concluded that the totality of circumstantial evidence leaves reasonable doubts about the defendant’s guilt.

Prosecutors sought a life sentence, but the court fully acquitted Tanaka on charges of murder and violation of firearms law.

Relatives of the deceased entrepreneur expressed disappointment with the decision. They believe the circumstances of the murder warrant further investigation and have urged the prosecutor's office to appeal the acquittal.

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