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Independent panel finds Hyogo governor's whistleblower punishment illegal
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KOBE (Kyodo) -- Hyogo Gov. Motohiko Saito's disciplinary action against a former senior official who reported misconduct to the prefectural government's whistleblower office was "clearly illegal" and invalid, a report by an independent panel of lawyers said Wednesday.
The investigation by the third-party panel into allegations of abuse of power by Saito follows the death of the subordinate by apparent suicide after being punished for the document release in March last year. The panel also recognized many of Saito's reprimands against staff as constituting an abuse of power.
Its conclusion is more damning than the one drawn by the Hyogo prefectural assembly's investigation that only stated there was a "possibility" Saito's actions were illegal.
Saito defended his actions after the assembly's investigation committee put together the report earlier in the month, saying, "Possibility also means (my actions) could have been legal."
On Wednesday, Saito told reporters he would take the findings of the independent panel seriously, but maintained that the document filed by the whistleblower contained "highly defamatory" claims.
"I will make necessary corrections and fulfill my responsibility in moving the prefectural administration forward," he said.
The independent panel's report found that as the whistleblower's document met the criteria for being in the public interest, efforts to identify him were illegal.
It also concluded that Saito and other implicated officials should not have been involved in deciding disciplinary measures against the whistleblower, calling it "extremely unjust" and as such invalid.
The panel examined 16 accusations of power abuse, recognizing 10 as clear harassment, including slamming on desks and issuing orders via chat late at night. It determined that these actions caused psychological distress and created a toxic work environment.
The panel also noted that Saito's public remarks at a press conference, where he called the whistleblower "unfit to be a civil servant" and accused him of telling "complete lies," also constituted an abuse of power.
The report additionally criticized Saito for not demonstrating a willingness to take the assembly's findings seriously, saying that as the leader of an organization, "he should maintain an attitude that acknowledges differing viewpoints and refrain from making remarks that could harm others."
The independent panel, which consisted of six lawyers, was established to address concerns over the neutrality of an internal investigation by the prefectural government given it had punished the whistleblower.
Saito faced a no-confidence motion unanimously adopted by the prefectural assembly in September over the power abuse accusations and lost his position but was reelected in the gubernatorial election in November.
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