crime

Court rejects Ghosn's appeal to end detention

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Ghosn's arrest marks a dramatic fall for a leader once hailed for rescuing Nissan from the brink of bankruptcy.

This is based upon allegations and what the media has been putting out. He hasn't "fallen" just yet!

Give him his day in court before hanging him!

16 ( +21 / -5 )

Egg everywhere! Arrest all of Nissan!

15 ( +16 / -1 )

A flight risk??

So take his passport and bail him for god's sake.

19 ( +21 / -2 )

Flight risk, BS. They don't want him out in public affecting the narrative the Tokyo prosecutors have put forward.

19 ( +21 / -2 )

Wow! The court made the decision so fast? Any reason why they feel he is a flight risk. Is the law here just based on the feeling of a judge?

12 ( +13 / -1 )

Very good summary of nasty cohesion and hand wringing in the Nissan/Prosecutors camp

http://www.japansubculture.com/exclusive-former-prosecutor-says-if-ghosn-is-rearrested-nissan-ceo-should-be-arrested-as-well/

4 ( +5 / -1 )

Can't have him out in public making speeches. He still has friends at Nissan and could easily pull a reverse coup just by walking in the HQ building in Yokohama and staring everybody down.

9 ( +10 / -1 )

When all Olympus, Toshiba and TEPCO execs just walk freely.

18 ( +19 / -1 )

@Thelonius - Exactly. Whether Ghosn is guilty of something or not it is quite obvious this case is not about Ghosn. It is about Nissan trying to wrangle back power from Renault and possibly a grudge held by the Japanese Board of Directors against Ghosn for considering ousting Saikawa.

Michael Woodward's book about the Olympus debacle is excellent reading on how the tribal nature of some will result in the outsider being shunned and back stabbed so the tribe can get its way (or try to).

I really like living in Japan and this is my home but I disdain the "justice" system as well as the "us against them" philosophy of some of the older privileged class here. I understand why it exists but I still do not like it.

13 ( +14 / -1 )

Once again: what a shame, what a disgrace!

Either let him go on bail or start a trial, if you have prove and evidence.

But I strongly assume there is almost nothing that can justify him being in prison for such a long time (detention center???)

15 ( +16 / -1 )

Japan inc has made ghosn out to be an evil troll. what they are not telling the people is:

Ghosn was a visible leader in recovery efforts after the Japanese earthquake and tsunami on March 11, 2011, one of the worst natural disasters in modern history.[109] On March 29, 2011, he made the first of several visits to the hard-hit Iwaki engine plant in Fukushima prefecture, 50 km (31 miles) from the Fukushima Daiichi nuclear power plant,[110][111][112] and at his direction Nissan restored full operations at the Iwaki factory well ahead of expectations.[113][114][115] He appeared on television in Japan to encourage optimism.

https://en.wikipedia.org/wiki/Carlos_Ghosn

13 ( +14 / -1 )

Asked about criticism that Japanese prosecutors often try to force confessions from suspects, deputy prosecutor at the Tokyo District Public Prosecutors Office, Shin Kukimoto, has said no such method was being used with Ghosn and Kelly.

Which means that they are confirming that in other cases they do in fact use this type of interrogation to coerce other people detained for whatever reason.

They just haven't gotten around to it yet I'll bet!

7 ( +11 / -4 )

The reason they won't let him out is

A. He's going to disclose some really bad facts about Nissan, and

B he's going to talk about the inhumane ways he's been interrogated and detained in Japan's joke of a democracy.

14 ( +16 / -2 )

The prosecutor and judge know they don't have a strong case for convicting him therefore Mr. Ghosn and Mr. Kelly will win the case. So the court is simply keeping them in for as long as they can, just to be assholes to them. If they were Japanese they'd be out, but because they are foreign and Japan is such a racist country, they are doing it like this.

13 ( +16 / -3 )

Asked about criticism that Japanese prosecutors often try to force confessions from suspects, deputy prosecutor at the Tokyo District Public Prosecutors Office, Shin Kukimoto, has said no such method was being used with Ghosn and Kelly.

can we get that confirmation from Ghosn and Kelly?

6 ( +7 / -1 )

He is not a flight risk, he is a PR nightmare if released on bail. He has very little contact with the outside world now, imagine the storm that would erupt if the worlds press got a hold of statements from him personally. NISSAN would sink, and the judicial system would run out of channel, and the odor of the BS they've been brewing would overwhelmingly waft around the world. I m waiting for countries to start boycotting the OLYMPICS after JAPAN has spent BILLIONS, Hope the whole world boycotts it because of what's happening, cant send your athletes to a country that may lock them up because some Japanese individual says the touched me LOL

11 ( +13 / -2 )

reading this on and on gives you chills. the way jurisdiction handled it - unfair and uncivilized.

10 ( +12 / -2 )

Fair to say there is a politician nexus to all this. This case has also highlighted the Japanese ‘injustice’ system...

If he is a flight risk then mitigate it by surrendering his passports and notify the borders. I don’t see any real reason to keep him locked up other than to silence him while they build their case

8 ( +10 / -2 )

I don't care if Ghosn is guilty in the end but...

Note to Japan: Huwei exec released on bail.

See how civilised countries do it? Oh...I forgot...corruption.

9 ( +12 / -3 )

Fade up from black.

'...Enter Saikawa who just learned that he will be targeted by Ghosn to be relieved of CEO duties. Some of the executive committee members start thinking who would be the next CEO from this circle. Oh no, there are NO Japanese members who can possibly take the CEO 'promotion' other than the 'gaijin' members... Saikawa and his camp concoct the story as we have been reading since day one. "This will 'save' Nissan from being lead by a non-Japanese member!"

Ghosn's men in the inner circle play "Brutus" to stay close to Saikawa but in reality keep their status to possibly be promoted to CEO and to eventually 'pardon' any misdoings by Ghosn and Kelly. "

Now that Nissan has been indicted as well, at the end of this story, CG and GK will be exonerated and HS will be relieved. Nissan will have a non-Japanese as CEO and the Alliance in tact, but bruised.

-3 ( +1 / -4 )

Well done to the court! He shouldn't be let out, his flight is guaranteed and there is a 100% chance he will destroy evidence and commit more crimes. Show no mercy

-12 ( +3 / -15 )

You really think with the worlds media attention on this case that he would try and do a runner? Flight risk? Really? Hmmmmm

3 ( +8 / -5 )

JAPANESE welcome you with fake smiles, and comments made silky smooth cake icing, up front of course. In all reality japan perpetrates a major fraud! You're good until your usefulness is not needed, then your just a POS that's in the way.

Note Chinese national detained in Canada set free on BAIL!     JAPAN???

This is how your supposed to handle the situation JAPAN!

Worry not even if Carlos does 10 years when he gets out all the money he lost will be recouped when he writes the best selling book, detailing this whole fiasco. Yup bring that whole house of cards down, JAPAN ought to just kill him now, because Carlos will get his day, and JAPAN will get whats coming with this PR storm when they release him.

5 ( +10 / -5 )

But Kelly's lawyer, Yoichi Kitamura, said he was certain that his client's innocence would become clear in court.

If he is innocent, why was he arrested? I was arrested for jaywalking, but on reflection, I was guilty.

-15 ( +3 / -18 )

"If he is innocent, why was he arrested? I was arrested for jaywalking, but on reflection, I was guilty."

Because NISSAN messed up, and the JAPANESE can only save face for now if they keep him locked up.

9 ( +12 / -3 )

@nan. After his 5 years in prison he will be forgotten. Horimon of Livedoor used to be on tv all the time, now just occasionally.

also, the Chinese woman you refer to, is not allowed out after 11pm, can only stay in one of her houses, tracking devise, 7miilion paid in cash, and must have security guards in her house and anywhere she goes, that she has to pay for. She has never done any crime in Canada, and was in Canada, not USA.

goshsn's serious crime was in japan. Just because he a rich foreigner, doesn’t mean special treatment.

-11 ( +3 / -14 )

They don't want to release him for fear of the international media attention. They have him silenced at present. If they let him out the international media are gonna have a field day dissing on the Japanese injustice system. There is no real reason for them to continue to detain him. They can withhold his passports and keep him under house arrest until his trial, but no, they have to keep him silenced in jail.

12 ( +15 / -3 )

Goodlucktoyou......

You were not aressted for jaywalking, you were detained and more than likely given a ticket and fined.

If you were aressted you would have had a trial.

3 ( +6 / -3 )

These courts here are not EVEN at 3rd world levels what a disgrace!

4 ( +8 / -4 )

If he is innocent, why was he arrested? I was arrested for jaywalking, but on reflection, I was guilty.

Ok, but you do realize that people are sometimes arrested mistakenly, right?

2 ( +4 / -2 )

Bah, if he's still in jail the whole Nissan board ought to join him.

4 ( +5 / -1 )

If he is innocent, why was he arrested? I was arrested for jaywalking, but on reflection, I was guilty.

Great thinking! We can save a lot of money by disposing of all the courts, judges and lawyers. Just let the police decide for themselves who they want to arrest and imprison. It worked really well the first time around.

2 ( +3 / -1 )

I detest Ghosn because he is arrogant and he is dirty! And I know of what I speak.

BUT....

This is nothing but kabuki theater organized by the locals.

All that is needed is for Saikawa to get up and say..

"Ware ware Nihonjin....."

And then the Tokyo Prosecutors Band strike up and play:

"Kimigayo"

And all locals sing in unison.

"Banish the foreign devils".

That may all happen just in time for Setsubun-no-hi in a couple of months!!

2 ( +6 / -4 )

This Goshn case is a good example of the rampant racism at the core of the Japanese psyche... if he were Japanese he would be either charged or released. Foreigners do not have the same human rights as the yamato so they can do whatever they like with him.

Japan really needs shaming up to the rest of the world. The Japanese like to cultivate a nice face to the rest of the world, but once that balloon is burst they go into meltdown like little kids who have lost their toys.

10 ( +11 / -1 )

It's not as if he organised a tax (payer loss), funded land purchase or changed a law to get his friend a unneeded vet school, nor did he pressure the finance ministry to change paperwork. All of which I believe is illegal and nobody charged, but the CEO of a private company that's made a paperwork blunder, if that?, the CEO is detained indefinitely. Note to self get a government job, and spend,spend, spend. Don't help a Japanese company or its jail, jail, jail.

7 ( +7 / -0 )

As far as I can tell, the only "crime" here might be Nissan failing to declare Ghosn's future retirement pay in their annual reports. Ghosn has not understated his income: he has not received the money yet.

If these annual reports are so important, why was nobody from Toshiba's management arrested and charged when that company overstated its earnings by $1.2 billion? That's a much larger sum than anything Ghosn might ever receive, but the Japanese prosecutors didn't arrest anyone, nobody is in jail, it's all very regrettable etc.

The only conclusion to be drawn from this is that the Japanese "justice" system is biased, unfair and not impartial. It is not independent of the government and its actions are based on political motives rather than any desire for justice.

9 ( +9 / -0 )

Bah, if he's still in jail the whole Nissan board ought to join him.

exactly

This is nothing but kabuki theater organized by the locals.

> All that is needed is for Saikawa to get up and say..

> "Ware ware Nihonjin....."

> And then the Tokyo Prosecutors Band strike up and play:

> "Kimigayo"

> And all locals sing in unison.

> "Banish the foreign devils".

> That may all happen just in time for Setsubun-no-hi in a couple of months!!

Honestly, if they did that, I would not be surprised.

>

5 ( +5 / -0 )

2 EXCELLENT posts I wanted to highlight: NAN DESU KA, Jimi excellent posts guys!

He is not a flight risk, he is a PR nightmare if released on bail. He has very little contact with the outside world now, imagine the storm that would erupt if the worlds press got a hold of statements from him personally. NISSAN would sink, and the judicial system would run out of channel, and the odor of the BS they've been brewing would overwhelmingly waft around the world. I m waiting for countries to start boycotting the OLYMPICS after JAPAN has spent BILLIONS, Hope the whole world boycotts it because of what's happening, cant send your athletes to a country that may lock them up because some Japanese individual says the touched me LOL

This Goshn case is a good example of the rampant racism at the core of the Japanese psyche... if he were Japanese he would be either charged or released. Foreigners do not have the same human rights as the yamato so they can do whatever they like with him.

Japan really needs shaming up to the rest of the world. The Japanese like to cultivate a nice face to the rest of the world, but once that balloon is burst they go into meltdown like little kids who have lost their toys.

i sent this link yesterday- I want to send it again because it is so relevent.

https://japan-forward.com/is-the-arrest-of-nissans-carlos-ghosn-a-case-of-japanese-xenophobia/

7 ( +8 / -1 )

Flight risk? Are you insane, how? His face is well known? Although a false nose would probably fool the police. Ok I get it now. This is so badly handled exposing both the legal system, company governance and government ineptitude. He refuses to confess, prosecutors have nothing just a note from Nissan saying please lock him up...because? Not really sure but lock him up thank you.

4 ( +5 / -1 )

This case could end up have one of two possible effects on Japan’s future. It could ;

a) due to the amount of international media attention on the case and especially the process of prolonged interrogation periods cause people to start questioning the judicial system and bring about some changes and reform.

OR

b) have the complete opposite effect by making Japan turn inwards even more, to staunchly go about things “their way” and strengthen resolve to do exactly that.

Many respected Japanese commentators and specialists believe we may be entering a period of the later, as Japan realizes it doesn’t want to ‘copy’ the west any more. (Reading some of the very harsh comments above may in fact nudge it in this direction!) That its got what it needs now to go it alone.

Two radically different trajectories. Time will tell.

5 ( +5 / -0 )

Yes the trajectory I'm afraid will be dig in. And in the face of common sense. Those in power will fain innocence while being upset that the rest of the world doesn't understand and are attacking Japan. Seen it again and again. They are extremely sensitive.

4 ( +5 / -1 )

Saikawa better not miss Ghosn or the revenge is going to be heavy.

0 ( +1 / -1 )

@Ricky Kaminski13,

Many respected Japanese commentators and specialists believe we may be entering a period of the later, as Japan realizes it doesn’t want to ‘copy’ the west any more. (Reading some of the very harsh comments above may in fact nudge it in this direction!) That its got what it needs now to go it alone.

Entirely possible.

With the demographic time bomb that is about to explode, Japan may just decide it is safer to close the doors, batten down the hatches and wait a few generations for things to settle down.

Wouldn't be the first time.

2 ( +4 / -2 )

Ask any Japanese what they think of Ghosn and they will give the stock this answer:

'he is greedy, i dont understand why he wants so much money'

I have heard this same line time and again, clearly they got this view from the media news .... if you ever needed evidence that most people here are brainwahed then this is it... incapable of thinking for themselves.... try it for yourself, ask a Japanese person what they thnk of Ghosn.

1 ( +2 / -1 )

stock answer i mean

0 ( +0 / -0 )

It is not independent of the government and its actions are based on political motives rather than any desire for justice.

wow that sound very familiar to another asian country thats not a democracy.

2 ( +2 / -0 )

Curious that the first people ensnared in the first eight years of the compensation reporting law's adoption were one of Japan's longest tenured foreign chief executives and a lesser known American colleague. Actually having no preceding cases may help Ghosn and Kelly somewhat, since there are no other cases to show what should happen in this case. It is a little hard to believe that no other companies committed any shady financial reporting in the last eight years. Will this case turn out to be the only ever application of the law?

1 ( +1 / -0 )

Incredible how there are so many Ghson groupies on this 1!!!!

The prosecution has evidence in hand

Ghosn used Nissan money to purchase luxury homes in different countries, via a company in the Virgin Island.

He had Nissan money directed to family members.

His nefarious misappropriations of funds was smooth - but not entirely fool-proof.

And the Japanese Nissan board is equally culpable because s lot of what Ghosn engineered had to involve their collaboration

-4 ( +0 / -4 )

@semperfi

Incredible how there are so many Ghson groupies on this 1!!!!

Complete nonsense.

Commenters don't have to be "Ghosn groupies" to note the following....

-- the complete stitch up job that is the Japanese justice system, being able to hold Ghosn indefinitely unlike most other civilized countries and unlike even what has happened Japanese defendents.

-- the fact that the timing of all of this was "coincidentally" tied to what appears to be a move by Ghosn and Renault to strengthen the relationship between Renault and Nissan.

Whatever Ghosn did or didn't do, there is no question that there were ulterior motives on the part of both Nisssan J executives and the J prosecutors and that the J law has been used to take out Ghosn preemptively in a corporate hit job.

Doesn't mean he is clean / innocent, but this thing stinks to high heaven.

And I personally know and detest Carlos!!

4 ( +4 / -0 )

With the demographic time bomb that is about to explode, Japan may just decide it is safer to close the doors, batten down the hatches and wait a few generations for things to settle down.

Zones2surf - I think that you are absolutely right.

Japan wants to go it's own way. Fair enough, but maybe they are not going about it in the right way.

2 ( +2 / -0 )

Causing more hurt and pain to a 64 years old man & his family is an ijime that cannot be seen from the surface .Nissan have to fire all on it's new board starting from saikawa , who started this fire to save himself. I have seen this kind of bad action by the nearly fired bad Japanese. it is time, to admit that only bad Japanese can be the advisers. Kansayaku, accountants, all the people that was in Carlos team. I am seeing many drama like this. The bad incompetent Japanese people that did not do their duties correctly, should be fired by Nissan's share-holders. If this team made up of saikawa do not get fired.............I am sure , the world will not forgive. No good Japanese will accept bad morals even if the person is Japanese or any foreigners. Think abt the future, every little good counts.

1 ( +1 / -0 )

According to UN human rights documents

[ "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.]

If you ask anybody   who has consulted   the worldwide journals and magazines  (from all nationalities)  about the custody detentions conditions of Ghosn:

Did and does the Japanese justice practice the mental torture on Ghosn ?

The high rate of returned answer is: YES

Does the Japanese justice practices in divergence with UN human rights texts the rate of answer occurrences is: YES

1 ( +1 / -0 )

Moral of the story is, pay your taxes as you should or you'll get worse than a drunk driver hitting pedestrians, a known rapists, murdering your employees, killing your kids, contaminating the Pacific Ocean with nuclear waste. Who else committed terrible crimes that never saw jail time in Japan?

1 ( +1 / -0 )

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