cygwin does not have 'locale' and init-locale fail

[redguardtoo]

got error message when starting emacs,
'''
1Debugger entered--Lisp error: (file-error "Searching for program" "no such file or directory" "")
2 call-process("" nil t nil "-c" "locale")
3 shell-command-to-string("locale")
4 (string-match "UTF-8" (shell-command-to-string "locale"))
5 (or window-system (string-match "UTF-8" (shell-command-to-string "locale")))
'''
it's because the first line in init-locale.el, "(when (or window-system (string-match "UTF-8" (shell-command-to-string "locale")))"

emacs23 under cygwin, I think it's because the cygwin does not have 'locale' command.