crime

Ghosn's lawyers ask his trial to be separate from those of Nissan, ex-director Kelly

25 Comments
By Naomi Tajitsu and Tim Kelly

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25 Comments
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How can you indict a company anyway? Who takes responsibility if a company is found to be criminally liable?

5 ( +7 / -2 )

Yeah, can someone competent in corporate law give us a one minute overview of how Nissan is going to be tried in this case?

5 ( +7 / -2 )

When Nissan is answering questions on the stand, will it be addressed respectfully? Nissan-san?

9 ( +11 / -2 )

So a serious suspected criminal now thinks he is so high and mighty, he thinks he can dictate to the whole justice system of japan? He weased himself out of detention while normal people can’t do that, has probably destroyed all evidence, and now wants to shift the blame onto Nissan, who he stole money off to pay his gambling debts and finance his 3+ luxury homes...allegedly.

He should enter politics.

-16 ( +4 / -20 )

Oh my! That's really smart. What a setup.

Nissan is indicted along with Carlos Ghosn in which case Carlos Ghosn wouldn't even have to confess. If they are on trial together then it would appear that whatever Nissan claims is the truth or a confession is also applied to Ghosn as if it were his own words.

In the meanwhile, nothing ever happens to the company. That's mad, but also a common tactic. Put words in his mouth. Slap a Nissan badge on him and then take it off. All of it staged.

2 ( +5 / -3 )

No clowning around, Nissan deserves to go down the gutter in history, along with Saikawa, payback coming soon

3 ( +7 / -4 )

How can you indict a company anyway? Who takes responsibility if a company is found to be criminally liable?

You mean like TEPCO for causing the nuclear disaster. Their executives are currently on trial.

9 ( +9 / -0 )

No need for a trial at all, with the constant leaks from the prosecution and Nissans personal attacks weekly. The narrative is set. How dare he! How in his right mind dare he try to actually defend himself. Prosecutors have made up their mind after being fed dubious evidence from Nissan. That's it case closed. Prosecutors never make a mistake in 99% of cases they are involved in.

6 ( +9 / -3 )

Seems reasonable. He should seek a change of venue as well. To France.

6 ( +7 / -1 )

Japan’s legal system is well and truly in the international spotlight.

Both points raised by his defence are valid. The only case for trying all three defendants together is administrative convenience, where this will conflict with the defendants right to a fair trial it is unjustified.

7 ( +8 / -1 )

Well I don't get that I would have thought he was safer being put on trial with everyone else

-2 ( +0 / -2 )

Madden... "who takes responsibility if a company is criminally liable?'... answer... Saikawa.

3 ( +3 / -0 )

Incredible!

Since when does a defence attorney get to dictate how the prosecution prosecute?

Japan will never cease to amaze me. The defence attorney might as well mount a defence independent of charges.

I guess the Japanese juficial system prioritises catchy names (the razor etc.) and social media profiles before real justice.

-6 ( +1 / -7 )

Goodlucktoyou Today  04:28 pm JST

So a serious suspected criminal now thinks he is so high and mighty, he thinks he can dictate to the whole justice system of japan?

He's not "dictating" anything. His lawyers made a request.

Making a request is not the same thing as dictating.

The rest of your post is just a rant that has no support in fact. So I'm not going to reply to that.

6 ( +7 / -1 )

Sh1mon M4sadaToday  09:11 pm JST

Incredible!

Since when does a defence attorney get to dictate how the prosecution prosecute?

What's incredible is that there are now two people on this comment board who think that making a request equals "dictating."

Read the article. His lawyers simply requested a separate trial -- which they have a right to do.

They REQUESTED something. That doesn't mean they are DICTATING anything.

An analogy: When a child asks his mother for a cookie, he's not "dictating" that he get the cookie. He is merely asking.

By the way, the prosecutor doesn't get to "dictate" either. If the prosecutor tries to proceed in a way that the defence believes would result in an unfair trial, the defence has every right to ask that it not be done.

Again, they are ASKING. Not dictating.

6 ( +7 / -1 )

Will Goode Today  07:05 pm JST

Well I don't get that I would have thought he was safer being put on trial with everyone else

Are you a lawyer?

Well, Mr. Hironaka is one, and by all accounts a very good one.

So I think he knows what he's doing.

Nissan is basically Ghosn's accuser, so I can understand why he wouldn't want to be put on trial along with them.

6 ( +6 / -0 )

Good strategy, as simple as that.

-2 ( +0 / -2 )

AN UNFAIR TRIAL ?

(Hironaka seems too submissive here)

°

Separate Ghosn from Nissan ? it is not risky move ? I understand the logic. But, does it not penalize Nissan ?

Everything will be Nissan fault. The other indicted will be overcharged. But the other could be Ghosn too.

In Japan, Nissan will be protected (to protect Mitsubishi behind). So I am afraid about the leveling up the card against Ghosn too.

In Justice, we reunite cases to precisely avoid this kind of opportunity. It is my personal viewing, but I think that Mr Ghosn defense is better assured with a linked files trial.

Together is better.

°

NadAge

-3 ( +0 / -3 )

To be truthful, on this picture, Hironaka know this is a huge mistake.

-3 ( +0 / -3 )

And who is the women on the picture ? Magistrat (french judge) ? Magistrat's family ? Her nose is typical of the best french justice builder. They help to rebuild Japan justice system. But they suck in dark matter. And she does not agree with Hironaka too.

°

NadAge

-3 ( +0 / -3 )

For the ones who can understand french (the analysis):

https://www.facebook.com/MarianneUniverselle/posts/381398759369885?tn=K-R

-1 ( +0 / -1 )

He should seek a change of venue as well. To France.

No worries. So far, there are 2 other trials in the fridge for him in France, and Nissan will not be with him on the bench.

 who is the women on the picture ?

That seems to be an international pressconf. The 2 persons are likely to be interpreters.

0 ( +0 / -0 )

Again, they are ASKING. Not dictating.

Trial procedures does not usually enable a defence team to 'ask' for the prosecution team conduct their prosecution in a certain way. Asking, is semantics, it amounts to constructing the way the trial conducted.

The defence team's role is to defend against charges, NOT construct how charges are brought to the court.

IF the trial does for what ever reason ran off course or is unfair to the defendant, the judge can declare a mistrial. AND, the defence team also has the option of appeal. There are ways to deal with their perceived concerns.

Or put another way, if the defence team 'ask' that a certain prosecutor not be allowed on the prosecution case because he is so good at his job, is that still asking?

Seriously, it's absolutely ridiculous for a defence team to be doing anything but defend against laid charges. I suspect the razor is leveraging his fame and namesake, and not really identifying potential trial issues, and especially because the trial has not started, the prosecution has not even laid out their case, AND more charges may be added yet.

IF I was unlucky enough to face a court in Japan I would like to hire mr Razor, and 'asks' the court to drop my case or move it to a jurisdiction where it's easier for me to pay off the judges. It's only asking.

-4 ( +0 / -4 )

Good strategy, as simple as that.

I don't know his game plan, but good or not, he is acting way outside the norms.

-3 ( +0 / -3 )

Nissan is basically Ghosn's accuser, so I can understand why he wouldn't want to be put on trial along with them.

No, the accuser (indicter) is the police.

Nissan may or may not be accused as well, the only thing documented so far is that some Nissan employee has made a plea bargain.

It is NOT unusual at all for a gang of robbers to be tried together, with some being material witness and given a deal for cooperating.

-4 ( +0 / -4 )

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