Indra Prasad Mainali, the brother of Govinda Mainali who has served seven years in a prison in Japan accused of the murder and rape of a Tokyo woman, has written to the Supreme Court, which is hearing Govinda's appeal, to acquit his younger brother.

The 36-year-old Govinda ("Here comes the story of Govinda Mainali", Nepali Times #39) was acquitted by the Tokyo District Court but later lost an appeal in the high court. Now, his brother says Govinda was gainfully employed and not in urgent need of money, as claimed by police who convicted him of robbing the 39-year-old woman of ? 40,000 and strangling her.

"I strongly believe that my brother could not have committed a grave crime in a country where he was making good money, and while he was preparing to return to his family in Nepal," Indra wrote.

Govinda had reportedly already saved $37,000 by the time of his arrest. Japanese human rights groups have taken Govinda's case as symbolic of Japan's flawed justice system and say he was falsely charged and convicted. Indra went to Japan last week to lobby with the court appeal. "He seemed so irritated and exhausted, both physically and mentally," Indra told The Japan Times. "I just cannot believe how he could survive in a small dark cell so far from home." Even if Govinda wins his appeal, it probably won't come for another few years. "If my brother was a Caucasian from a more advanced country, I believe that the Japanese authorities would never have treated him in the manner they do now," he said. It would help if the Nepal government took up the issue, but it is hesitant because Japan is Nepal's biggest donor. Indra and Govinda's parents are 80 years old and live in Jhapa. "Both are suffering from serious illness, and we are all concerned that my brother may never see them alive again," he said.