crime

Ghosn's lawyer says Tokyo prosecutors lack impartiality

28 Comments
By Kazuhiro Nogi

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I'm sure if the prosecutors had their time again and know what they know now, they'd tell Nissan to go jump and solve your inhouse problems yourself - at least in the first instance.

What obviously was believed to be a cut & dry case, all over in a short(ish) time with the winner being declared Nissan CEO Saikawa, has turned into a minefield of uncertainty, with losers abounding.

Nissan's shares, cred and rep have taken sharp dives, Saikawa will finish, the prosecutoral / judicial system looks like mud on the international stage and no amount of scrubbing will clean the stain around all of this.

22 ( +28 / -6 )

And he naively thinks that publicly saying this is going to help things?

Is he expecting people to demonstrate and go on strike for his client?

Or maybe does he now realize that most Japanese people (although they may partially agree that the treatment wasn’t ideal) do think that Ghosn is guilty and should go to jail for the crimes?

-16 ( +6 / -22 )

It’s not difficult to guess what the Tokyo prosecutor will say on this. “This is Japan and we have a different definition of Justice. And also common sense.”

I totally agree with the 3rd to the last sentence. How come a detained individual cannot communicate to the outside world, while the prosecutor can willy nilly “leak” information to the media? It’s really a shame to be a prosecutor in Japan.

27 ( +30 / -3 )

'm sure if the prosecutors had their time again and know what they know now, they'd tell Nissan to go jump and solve your inhouse problems yourself - at least in the first instance.

How do you know this? Or is this just an assumption on your part?

-3 ( +6 / -9 )

Are prosecutors supposed to be impartial? They should be honest and fair. Not sure they are in this, and in many cases.

4 ( +9 / -5 )

And he naively thinks that publicly saying this is going to help things?

Publicly shaming is actually one of the only effective ways of fighting authority in Japan. It won't be enough that Ghosn's lawyer says the legal system is unfair--other's will have to join the chant.

17 ( +18 / -1 )

Prosecutors are not supposed to be impartial. That is why they are called prosecutors. Their job is to prosecute, so it is their job favour prosecution.

Similarly, the defence is supposed to favour the defence.

However, both should play fairly and squarely by the rules. That is, of course, assuming that the rules are fair.

5 ( +9 / -4 )

for an alleged lack of impartiality

It's too obvious by seeing other Japanese corporate scandal cases that just happened this year. Ghosn lawyer need to keep reminding public about that.

5 ( +8 / -3 )

YubaruToday 05:03 pm JST

'm sure if the prosecutors had their time again and know what they know now, they'd tell Nissan to go jump and solve your inhouse problems yourself - at least in the first instance.

How do you know this? Or is this just an assumption on your part?

Yubaru - thanks for your comment.

Yep - you're on the ball. That's my opinion. Based on what you say???

Well the negative flak surrounding the case in / outside of Japan and the fall in nissan would probably (imho) see some of the prosecutors re-assessing their initial steps (imho).

It appears (and I can only guess) that the prosecutors case was set up on the urges of Saikawa & Co. In corporate Japan, and elsewhere, severe internal investigations & reckoning of misdemeanors would be probably (imho) presented to the executive boards and hammered around.

But it seems this didn't happen as step 1 and Saikawa went directly to the Boyz 'n Blu(ish) and they probably said (imho) "let's get him" or something like that.

And it's dragged on like for a hundred years - figuratively that is, don't quote me.

9 ( +10 / -1 )

Japan’s system here is a disgrace.

15 ( +19 / -4 )

Yes, indeed, a disgrace. A high conviction rate is far, far more important that separating the innocent from the guilty. These prosecutors don't answer to anyone.

14 ( +16 / -2 )

Ghosn is accused of under-reporting millions of dollars in income at Nissan and of using company funds for personal expenses -- charges he denies.

That’s the only matter under investigation. It’s not the Japan justice system.

I am still baffled why foreigners think that there is something wrong or sinister going on here - maybe because the Japanese system is stricter than their county or maybe that many of these accounts are fake and/or sponsored by Ghosn. Yes this happens...

Anyways, I am happy to wait this out and see what happens. I’m sure it’s not the last accusation we hear from his lawyers, wife, etc. in reality it’s just a distraction as we wait for the trial.

199 ( +199 / -0 )

-13 ( +3 / -16 )

Pay up, Gosn.

-7 ( +3 / -10 )

The investigation should have been been done though interpol, and not through Tokyo Prosecutors Special Investigation Unit.

This is an extension of Japans International Police Dept. which deals with investigations concerning non-Japanese.

That in turn is an extension of a prosecutor who deals with non-Japanese (gai kensatsu). The perfect apartheid system to protect only the interests of Japan and Japanese.

This is further exasperated by judges who don't appear to know their own countries constitution, and are just mere scared little rubber stampers.

13 ( +14 / -1 )

The French lawyer of former auto titan Carlos Ghosn, currently under house arrest in Tokyo, has attacked Japanese prosecutors for an alleged lack of impartiality and questioned how his client can receive a fair trial.

He can't, of course. As far as I know he still can't talk to his wife even on the phone with people listening in.

He should have left Japan while he still could.

8 ( +10 / -2 )

He can't, of course. As far as I know he still can't talk to his wife even on the phone with people listening in.

Ghosn's wife must not answer the telephone to anybody. Everything will be probably taped, and the Japanese coerscion practice will come into play. (I've seen it done).

6 ( +6 / -0 )

Nothing that Mr Ghosn's lawyer or anyone else can say will ameliorate the seriousness of the charges that he is facing.

-3 ( +1 / -4 )

"It is time to condemn the human rights violations of which the Tokyo prosecutor is guilty,"

"Everything seems to be permissable for the Japanese prosecutor for whom the game is as much not to lose face as to sabotage the French influence on Nissan by protecting its current management with whom he has reached a secret deal," Zimeray charged.

Zimeray said that "everything had been done to establish Carlos Ghosn's guilt before his trial", including through the leaking of information to the media, the source of which was clearly "the Tokyo prosecutor".

He called Ghosn's treatment "discriminatory" and said such "extreme harassment" compromised the possibility of a fair trial.

100% correct. Finally, someone calling out this sham of a "justice" system

7 ( +7 / -0 )

The 'impartiality' he speaks of is the result of the Japanese legal system of being guilty until you prove your innocence. In a true democratic legal system a person is innocent until proven guilty and the prosecutors must build a case to convince the judge (and jury) of their guilt. However, in the Japanese system. it is the defence who must build a case to prove their innocence while the prosecutors treat the accused as a convicted criminal. Ghosn is the victim of an extremely underhanded corporate coup that should never have gone to court.

8 ( +8 / -0 )

In a true democratic legal system a person is innocent until proven guilty and the prosecutors must build a case to convince the judge (and jury) of their guilt. However, in the Japanese system. it is the defence who must build a case to prove their innocence while the prosecutors treat the accused as a convicted criminal.

Which brings up the question- Is post-war Japan therefore at its basis actually NOT a democracy? If not, how did that happen? Who made it that way, and for what reason?

5 ( +5 / -0 )

While people are free to rant and rave about the Japanese Justice system that is the system under which his case will be heard and like it or not that's about it.

-8 ( +1 / -9 )

While people are free to rant and rave about the Japanese Justice system that is the system under which his case will be heard and like it or not that's about it.

Well not surprised at all, that's how most Japanese feel. Resigned to their fate and given up on change.

6 ( +6 / -0 )

Gosun took the loser of a business and turned it into gold. He was paid less then any of the CEO's in Car industry. Japanese should be ashamed for biting the hand that feed them. But this is not only the Japan story, There are so many examples of executives being pushed out of the way after they built the empires that others want to take over. Remember Steve Jobs or George Zimmer and dozens of others.

3 ( +4 / -1 )

from my experience as an assault victim Tokyo prosecutor did not question anything in the bogus police report did not fulfill due process procedures did not contact witnesses or any of my doctors or dentists, just stamped the report and sent it on to the courts

5 ( +5 / -0 )

GOOD people will never agree to this case. It is totally out of line and Carlos is held very unfairly. No good foreigners will try to save Japan from now on.

2 ( +2 / -0 )

Though it may be true, his argument is far too sophisticated for the Japanese tribal brain to comprehend. Ghosh help you if you are arrested in this country.

2 ( +3 / -1 )

The French lawyer of former auto titan Carlos Ghosn, currently under house arrest in Tokyo, has attacked Japanese prosecutors for an alleged lack of impartiality and questioned how his client can receive a fair trial.

Why is this news? Lawyers are paid to defend their clients. It would be news if his lawyer said "I think the guy is guilty as sin."

His claims about the Japanese system are also bogus. The Japanese system is actually similar to the French system as was partially based on it. The British government publishes an advisory document for Brits busted in France.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/332128/Prisoner_Pack_France_June_2014.pdf

A few quotes from it:

You can be remanded for periods varying from 4 months to 12 months at a time according to the charges and the seriousness of the offence.

The period between arrest and trial is often quite long and can vary greatly. From our experience a prisoner can remain on remand up to 24 months.

(Remand is a fancy word meaning locked up.)

However, because of the difficulty of guaranteeing that the accused will present themself for further investigation and trial if they are not a resident of France, foreigners charged with an offence are almost invariably placed on remand. 

(What this is saying is that if you are a foreign national, you are very unlikely to get bail.)

Commentators here who think Ghosn is getting a raw deal in Japan should read up on the French legal system and particularly French prisons (considered among the worst in Europe).

-1 ( +0 / -1 )

The prosecution office is eroding rapidly and Ghosn has done nothing wrong but cooperate. Time to throw in towel prosecutors! Take the heat, the fault and move on. Let Ghosn free!

1 ( +1 / -0 )

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