crime

Ghosn's new lawyer says he is pursuing different strategy to previous legal team

17 Comments

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Lawyers in Japan are powerless useless are all part of the same irreparably broken system. How you gonna intelligently argue when Supreme Court says something like - Yes the defendant, a truck driver illegally ran a red light and broadsided your car as you were driving legally through the intersection But you are partly responsible - because you were there! You expect a fair deal out of a court that makes such an imbecilic ruling? No way Jose.

17 ( +18 / -1 )

Hironaka has argued the allegations should have been resolved as an internal company matter without the involvement of prosecutors, and blasted the judicial system for keeping his client in jail.

Correct on both counts. And the way that the prosecutor s office went about their investigation is very disturbing.

And yes, something is very wrong with Japans judicial system, especially when it does not follow the countries own constitution (Art.34).

12 ( +14 / -2 )

 Hironaka has argued the allegations should have been resolved as an internal company matter without the involvement of prosecutors, and blasted the judicial system for keeping his client in jail.

So, is there any further doubt that Ghosn was railroaded by an unscrupulous and underhanded whistleblower (and his mates) as a kind of corporate coup to have him removed from the head of Nissan and to defame him in the process? Now, he is the victim of a 'guilty until proven innocent' legal system and will have to face a kangaroo court to prove his innocence. And, the kicker is, if and when he proves himself to be innocent, he will receive no compensation for his wrongful incarceration and will be laughed out of a Japanese court if he launches a public suit against the whistleblower for defamation.

12 ( +14 / -2 )

The only argument that should be necessary at this stage is simply:

'The court works on the basis of innocent until proven guilty and at the present time Mr. Ghosn's guilt has yet to be proven. As such he should be released from custody immediately.'

Bail is used to deter people from fleeing before attending court. The bail system exists in Japan. Therefore bail should be set at a level reflecting Mr. Ghosn's alleged crimes as well as his likeliness to abscond.

That all seems pretty straightforward to me. The fact it isn't happening is a disgrace.

10 ( +11 / -1 )

Better than the old lawyer who was like "yeah, bail is difficult..."

7 ( +7 / -0 )

@HollisBrown - 'The court works on the basis of innocent until proven guilty and at the present time Mr. Ghosn's guilt has yet to be proven. As such he should be released from custody immediately

Thats not how it works in Japan. If you are arrested on suspicion of a crime you are thrown in a cell and persistently interrogated and threatened until you confess. They cut you off from the outside workswith no visitors or any kind of access to the media. The only person you can communicate with is your lawyer, whose visits are limited to 30 minutes a day. On the other hand, the prosecuting lawyers and police can interrogate you for 8 hours a day or more if they see fit to do so. This is why Japan has such a high false confession rate.

The Japanese injustice system is built for people to prove their innocence and not for prosecutors to prove your guilt. You are guilty until proven innocent in Japan. I think Japanese prosecuting lawyers must be really hopeless if that is the only way they can achieve a conviction.

7 ( +7 / -0 )

have you ever heard of a Japanese court admit to making mistakes and freeing a detainee?

6 ( +6 / -0 )

Ghoson being use as scape goat to exempt the board of Japanese director and company from liability .It also probably a power grad by the disgruntled board member .Until now I can said they are no way Ghoson can do what they accuse him of doing without the board knowledge.I am also in other company board of directors ,they are no way director not being inform.

5 ( +6 / -1 )

I think Japanese prosecuting lawyers must be really hopeless if that is the only way they can achieve a conviction.

At the end of the day, the prosecutor is just a bureaucrat.

(Judges just seem to be rubber stampers).

5 ( +5 / -0 )

have you ever heard of a Japanese court admit to making mistakes and freeing a detainee?

Well, on the very rare occasion that this does happen, it's usually decades later.

4 ( +4 / -0 )

I hope Hironaka is not another my cousin Vinny lawyer..

4 ( +4 / -0 )

it is time for Japan to change. Carlos case is not only abt Carlos, it concerns all foreign brains in Japan. or coming to Japan or have thoughts abt coming to Japan.Japan can use sweet words or lies but Japan cannot deny the fact that this case was very unfair. If Carlos is not released on bail. Japan can say anything,. Words do not work, lies do not benifits anyone esp Japanese & Japan itself.

3 ( +5 / -2 )

Time to call some real lawyers... it's a case for Harvey Specter.

2 ( +2 / -0 )

Yes, but is it working?  He is still in jail and there doesn't appear to be any softening of either the [prosecution or Nissan or Renault's view of this.

1 ( +1 / -0 )

In the court: https://youtu.be/1cYgyqA_7BM

1 ( +1 / -0 )

.

Good luck.

1 ( +1 / -0 )

Sure, just admit mistakes will get Ghosn released. You don't need a lawyer to do that.

-4 ( +0 / -4 )

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