crime

Ghosn re-arrested for aggravated breach of trust

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By Kiyoshi Takenaka

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Are you kidding me? As if the reputation of the Japanese justice system couldn't get even worse...

41 ( +59 / -18 )

Booo Japan.

23 ( +43 / -20 )

If he didn’t. confessmeans he got special treatment. And almost getting out today. Unheard of. Brown evelopes everywhere.

9 ( +25 / -16 )

There is always more depth, no matter how low Japan goes

16 ( +35 / -19 )

Wow. That didn't take long. The question is whether Nissan's influence or that of the dissed court led to this.

-10 ( +15 / -25 )

Not surprised, Japan's justice system is among the worst.

14 ( +36 / -22 )

The prosecution probably realizes they have absolutely nothing on him and if he gets out they're history, they're just panicking now and it's so obvious, what a nonsense charge and only adding fuel to the fire.

11 ( +33 / -22 )

If the charges behind his arrest today are factual, they have him for something rather more serious than what they have been previously claiming. Japanese language reports say the prosecutors assert that Ghosn shifted personal security trading loses to Nissan.

私的な投資による損失約18億5千万円を日産に付け替えた疑いが強まった

A stunt like that will get you nailed almost anywhere. It may also mean there is a tax evasion issue.

15 ( +23 / -8 )

The prosecutors are just digging the hole deeper.

If Ghosn hasn't "confessed" by now, he won't.

And it has become abundantly clear that this is not about justice, this is about preventing Ghosn from being free to fight back!!

What a farce!!

11 ( +32 / -21 )

I think many here who are supporting Ghosn are living a life of hand to mouth like me. Yet, you are supporting Ghosn. It is strange to me.

0 ( +0 / -0 )

He didn’t confess, he didn’t burst out in tears and apologize for having caused trouble to Japan, so those zealots are going to stick it to him. Final arrest will be for having taken a company pen from the office without consent. 

I just read that that Kelly guy was lured to Japan by Nissan, saying he was needed in Japan in person. They even sent a private jet to pick him up. The way they handled this here just stinks to high heaven.

14 ( +31 / -17 )

Its not that we are supporting ghosn it's the idea of innocent till proven guilty is obviously not a Japanese value.

19 ( +39 / -20 )

SchopenhauerToday 11:38 am JST

I think many here who are supporting Ghosn are living a life of hand to mouth like me. Yet, you are supporting Ghosn.

I think you completely miss the point.

He may be guilty. He may not.

Most posters here that "support" Ghosn are focused on two things:

-- That this is clearly a corporate hit job designed to "save" Nissan from Renault and ensure it is controlled by Japanese. The whole "ware ware Nihonjin" mentality.

-- That the Japanese justice system is literally stuck in the 19th century and that keeping him detained without bail has nothing to do with justice and everything to do with preventing Ghosn from defending himself and preparing for his defense.... oh, and hopefully forcing a confession, since Japan FORBIDS a defendant's lawyers being present when being questioned.

And neither of the above points has anything to do with Ghosn's ultimate guilt or innocence!

0 ( +0 / -0 )

And it has become abundantly clear that this is not about justice, this is about preventing Ghosn from being free to fight back!!

Another possibility is to keep him quiet so he cannot make revelations about Nissan. If he did what is being alleged, he had to have cooperation within Nissan and if Nissan executives were willing to help Ghosn with his alleged scams, they may also have been working scams of their own.

It is widely believed that the Osaka kindergarten couple were kept locked up for ten months to prevent them from further raising doubts about Abe.

Keeping Ghosn locked up be to keep him from further raising doubts about Nissan and perhaps Mitsubishi.

13 ( +31 / -18 )

Poor guy! It looks like he can't get out of detention center until supreme court sentenced him. There is deduction service. If he was sentenced to 10 years in prison and he was in detention center 5 years during trial, then 5 years (detention) would be deducted from 10 years, so he might be happy in jail another 5 years.

16 ( +24 / -8 )

Well played by the prosecutor's office! Ghosn would have fled the country without a second thought, so deep is his guilt. He's done

-24 ( +17 / -41 )

Wow. Turn up the mental anguish. The blink is off, they just want to keep digging. Hang tough Ghosn.

9 ( +26 / -17 )

What kind of thriller is this ? Shame on you !

-9 ( +10 / -19 )

Bullfighter,

私的な投資による損失約18億5千万円を日産に付け替えた疑いが強まった

I've got no dog in this fight; what fascinates me is the mechanism of Japanese justice, particularly regarding non-Japanese and their mutual responses. Now, if the above statement were true, the facts should have been known, in which case, why was he released? The plot thickens.

3 ( +18 / -15 )

"That the Japanese justice system is literally stuck in the 19th century"

Interesting comment. Wasn't the major impetus for reforming the Japanese legal system in the Meiji Era rooted in the desire to end the writ of extraterritoriality for citizens of the U.S. and European countries who were residing in Japan? I thought the main reason why citizens of Western countries at the time demanded such immunity from Japanese law was due to their belief that the Japanese legal system was barbaric and antiquated. And so the Japanese at the time went about reforming their legal system, hiring experts like the Frenchman Gustave Boissonade (1825-1910) who is considered the "father of modern Japanese law."

But alas, more than 100 years later I can confidently say that while I don't want to get arrested anywhere, I really don't want to get arrested in Japan.

7 ( +23 / -16 )

Well played by the prosecutor's office! Ghosn would have fled the country without a second thought, so deep is his guilt. He's done

I agree with Hallowed 200%. If Ghosn is not locked up, he would flee Japan using at least 3 passports he owns. This arrest is just tip of the iceberg. Once prosecution have gone through all his emails and money transfers, people supporting him will be shocked at how deep this is.

-21 ( +16 / -37 )

It looks like Ghosn did maybe more than 100 wrongdoings, financial misconduct seems one of them. If he presented a diamond ring/expensive necklace to a lady and he used Nissan fund for this present, It would be one of wrongdoings. Rest of his life seems hell.

-4 ( +16 / -20 )

Perhaps the principle of "Innocent until proven guilty" is metaphorical rather than literal. Whichever way it's looked at Japan has their own law system and everyone--Japanese or otherwise is subject to it. Like it not that's how it is.

8 ( +19 / -11 )

Yet accusations are not a charge? If they are so concerned about being a flight risk, then airport security needs an overhaul his face his name you'd have to be an idiot to....oh .

I see doubleling down on stupidity is a "justice" last resort. What an absolutely farcical chain of events.

-1 ( +13 / -14 )

Booooo Japan! These prosecutors are clutching at straws and doing everything they can to deny Ghosn the right to have his say!

The judicial system here is a JOKE!

shamefuljapan #japaneseinjustice
1 ( +20 / -19 )

This arrest is just tip of the iceberg. Once prosecution have gone through all his emails and money transfers, people supporting him will be shocked at how deep this is.

And you know this how, exactly? Or are you just speculating to support your "Japan is right even when it's wrong" approach?

1 ( +19 / -18 )

The Japanese justice system is that of a 3rd world country.

12 ( +31 / -19 )

How come they come up with all this days (weeks?) later?

Who is the one blowing the whistle (if there is one to blow)?

This is B.S. Agreed: the judicial system is a JOKE!

0 ( +17 / -17 )

Jeez, how many crimes has this guy committed!? Good riddance

-3 ( +18 / -21 )

What the heck is, 'aggravated breach of trust'? Do they just make this stuff up, or what? They seem very determined to keep him in the pen on any charge they can make up. By keeping him in the pen they are denying him access to the international media, which is what they are really worried about. However, by doing this, they are also making it easier for Ghosn's lawyers to dump on the Japanese prosecutors with false accusations and holding him under false pretences. The Japanese prosecutors are going to cut their own throats and he will end up walking out of prison and be on the first private flight to any country he pleases. France will take him as an asylum seeker. Israel will take him as a resident. I don't think he wants to go to Brazil though. He should not stay and fight these charges in Japan. In the eyes of the Japanese injustice system he is already guilty of 'aggravated breach of trust' whatever that is.

1 ( +20 / -19 )

I am hearing on tv that it is now France vs Japan! And that the “police are angry”. It seems to me that the authorities here are doing their best to emulate the Chinese justice system, tit-for-tat justice. If you count yourself a member of the developed world, then this case is just not defensible. We are not dealing with a killer or a terrorist. And to suggest that Ghosn would flee the country is just ridiculous.

Prosecutors are probably still trying to come up with some unsubstantiated "evidence" to more wrongdoing, but if they can’t, news reports that Kelly is going to be released today.

9 ( +25 / -16 )

What the heck?!?! Just when you think it cannot get stranger......this just keeps getting more interesting by the minute. I had to look this one up (link below)

https://ejje.weblio.jp/content/Aggravated+Breach+of+Trust

There seem to be many points of view here but the people running this case seem to be grabbing at straws.

Ghosn may be guilty of something (I have no idea and nor do the rest of us here) but heck - charge him with something and move on to a trial.

It would also be quite easy to prevent Ghosn from leaving Japan if a condition of his release was confiscation of his passport and wearing an ankle bracelet (as was done in Canada recently).

I know many here are defending the Japanese system but even for those defending the system people need to admit that this looks very strange and it gives off an appearance that the prosecution does not have a case yet. It also appears to me as if someone does not want Ghosn talking.

Finally, Greg Kelly does in fact need medical attention. Nissan (Hari Nada) lied to him and lured him over to Japan so he could be detained (or abducted...depends on your point of view I guess)....

I guess the upside (for us normal folks) is that this is going to make a great book some day and probably a great movie.

2 ( +18 / -16 )

According to another reliable Japanese news source "The new arrest warrant accuses Ghosn of shifting approximately 1.85 billion yen in investment losses he suffered to Nissan in October 2008."

11 ( +16 / -5 )

It's not a nonsense accusation.(特別背任罪)

However, given the timing - when the prosecutor's request for extending detention was rejected yesterday when Ghosn was still in detention - suggests something really unfair and unjust

There is theory about this kind of thing which I can't recall but given this news it seems the courts have to play along.

23 ( +25 / -2 )

I supported Ghosn up until now, but at this point there are so many charges on him that it's almost certain he is guilty. What a shame. Back in Brazil he would have gotten a slap on the wrist so it's good he will be doing time for once

-9 ( +13 / -22 )

Jeez, how many crimes has this guy committed!? Good riddance

actually hes been convicted on no crimes, all crimes listed are currently allegations only

13 ( +27 / -14 )

bullfighter : bullfighterToday  11:35 am JST

If the charges behind his arrest today are factual, they have him for something rather more serious than what they have been previously claiming. Japanese language reports say the prosecutors assert that Ghosn shifted personal security trading loses to Nissan.

私的な投資による損失約18億5千万円を日産に付け替えた疑いが強まった

A stunt like that will get you nailed almost anywhere. It may also mean there is a tax evasion issue.

Excellent point!

6 ( +14 / -8 )

Government and Nissan need time to form a panel to discuss how to respond to questions, as the bizarre nature of the justice system is now exposed and frankly has no justification. The longer it takes the harder it is to save face. The reality is like a band aid rip it of fast. Who would have thought that China's and Japan's justice systems were so alike.

0 ( +16 / -16 )

Ganbare: his arrest is just tip of the iceberg. Once prosecution have gone through all his emails and money transfers, people supporting him will be shocked at how deep this is.

True.

But I think they already have the goods - they have already decrypted his files.

They have a loaded deck.

The prosecutors are not showing their whole hand - they are playing it one card at a time.

-6 ( +16 / -22 )

@semperfi - If they have a loaded deck why not lay the cards down on the table (i.e. trial), the prosecute, then be done with it all? What is the benefit of "playing one card at a time" in this case. I can only think of one and it does not bode well for Nissan either.

6 ( +18 / -12 )

If the prosecution have all they need, why no charge why no court date....perhaps because the need for a confession? ....and in the depths of winter (confession time) they have nothing. Such highly paid "professional " are not quite as "professional " as they claim.

3 ( +16 / -13 )

This is a slap in the face further defamation and fabrication, to scapegoat that they are both innocent.

There should be an organized peaceful protest, this is injustice to humanity really, how are we as Japanese showing the world we are truly a democracy post WW2 and the Olympics is coming up, these old people are showing we are still back in the Shogun era walking around with Katana swords as if we are Judge Dredd in feudal times.

3 ( +19 / -16 )

That's karma for you Carlos. Can't do the time? Don't do the crime

-8 ( +14 / -22 )

It has also shaken the Renault-Nissan-Mitsubishi alliance, with Nissan Chief Executive Hiroto Saikawa calling for changes to weaken Renault SA's control.

That is Saikawas Mmasterplan and manifesto for 2019 all along.. isnt this an obvious by now to anyone who is blindsited by the fake news?

-4 ( +12 / -16 )

Looks like he ain't "Ghosn" anywhere anytime soon.  10 days later they will "re-arrest" him for not putting down the toilet seat in prison......

22 ( +29 / -7 )

What is interesting is how anyone in power in a Zaibatsu (monopoly) company in Japan can be above the law, look at what happened to Horeimon of Livedoor for example, he was buying out FujiTV and the old CEO at FujiTV did not approve of it, that someone younger was breathing fresh new management and making FujiTV stronger in the process. He not only made Livedoor bankrupt, he also got Horiemon in Jail.

As mentioned the old guard in Zaibatsu companies are above the law. Saikawa is clearly finding any ways to defame these two people and get rid of the Renault Alliance. This is not only illegal but against business ethics and practices. Not even in the west would they do this. Hostile take over is one thing in the US perhaps, but to find tactics and strategies to demolish a merger by means of killing off your own and creating chaos in the media to lower the shareprice, is strange.

4 ( +20 / -16 )

and Greg Kelly?

8 ( +13 / -5 )

But I think they already have the goods - they have already decrypted his files.

They have a loaded deck.

The prosecutors are not showing their whole hand - they are playing it one card at a time.

That is all well and good...

If this was about going to trial and trial tactics...

BUT....

This is not about that! This about using underhanded tactics to keep the defendant detained!!

So, as a result:

-- They can interrogate him WITHOUT his lawyer present.

-- They can pressure / coerce him to "confess".

-- The defendant CANNOT publicly defend himself.

-- The defendant CANNOT properly prepare his defense!

It is an utter and complete abomination, a complete mockery of the the justice system, and nothing short of medieval!!!

Defend it if you want, but I will lambast it for what it is!!

Regardless of Ghosn's innocence or guilt!!!

5 ( +20 / -15 )

People do not believe fake news and manipulation by Saikawa and his goons, the ones who live here and understand the law and can see things from multiple angles, understand this is an INJUSTICE all for the sake of people in Nissan wanting to destroy the alliance with Renault, by destroying peoples lives.

WAKEUP, the news is misinformed and the powers at monpolies are pulling the strings of the law and justice in Japan.. this is not the west, this is not anime, this is the reality of injustice in Japan.

4 ( +20 / -16 )

The legal system does not realize the damage they have inflicted to Japan-inc w.r.t to attracting foreign gold,white collar talent, now who would want to work/live in a country where you have no chance of legally defending yourself.

2 ( +19 / -17 )

"I want to have my position heard and restore my honor in court."

Nah~ Trying to make Nissan shoulder your personal loss completely ruined your honor already.

-12 ( +12 / -24 )

@Ascissor: and Greg Kelly?

I heard he was due for back surgery and was persuaded to fly to Japan by Saikawa. That has got to totally suck.

Note to self, in case I am ever scheduled for back surgery, avoid invitations to foreign countries where I will be arrested.

24 ( +27 / -3 )

I have a hard time understanding if they have all the goods why this should not go to trial. Lots of down votes but no rebuttal or explanation defending this method of operation.

I have always said (since the beginning) if Ghosn is guilty he needs to pay the price and if others in Nissan aided and abetted they will need to as well. I still stand by that position

However it would be interesting to hear an opposing point of view as to why this method of operation is OK

2 ( +13 / -11 )

Kenji FujimoriToday  01:23 pm JST

It has also shaken the Renault-Nissan-Mitsubishi alliance,

That's a good thing because the alliance was not in Nissan's favor anyway; it was geared to have Renault live like a parasite off Nissan earnings.

0 ( +14 / -14 )

This is a problem with criminal procedure in Japan (one of many). They can keep you in jail for up to 23 days before the prosecutors have to decide whether to release you or indict you (they have to get judicial permission to do the full 23 days but this is routinely granted). But if the prosecutors don't have enough evidence at the end of that 23 days to use against you, they can just re-arrest you on a different charge and start the clock running again. They probably have a long list of back up charges so they can keep him locked up as long as they want without an indictment.

I'm not a fan of Ghosn and think the shenanigans he is accused of are quite serious, but the way he is being treated by the criminal justice system is outrageous.

5 ( +17 / -12 )

Deru kugi wa utareru? "The nail that stands up will be hammered down."

No Japanese CEO who was not the founder would have behaved like Ghosn. This was never going to end well. Ghosn needed regular cultural advice about how far to push things as a gaijin or even a non founder in Japan he only has himself to blame. They might have as many as 30 more potential crimes that they can drip on him. Drip drip drip....

-28 ( +3 / -31 )

I think it is time that the EU and the US should treat Japanese corporate representatives on equal terms, like Ghosn, and arrest all former and current executives of Takata airbags (for example) travelling or working in the EU or US for fraud, racketeering and manslaughter.

-3 ( +14 / -17 )

I think many here who are supporting Ghosn are living a life of hand to mouth like me. Yet, you are supporting Ghosn. It is strange to me.

Nobody would care about this on here if it was a Japanese executive arrested for the same exact thing. He is a hero to many on here as a foreigner making it big on Japanese soil.

-7 ( +12 / -19 )

That's karma for you Carlos. Can't do the time? Don't do the crime

people still dont get it, Carlos is doing time for crimes he hasnt even been convicted of yet, guilt is only guaranteed once a court declares you guilty of those crimes. Trial by media, trial by allegations doesnt make a person guilty.

10 ( +22 / -12 )

This is a problem with criminal procedure in Japan (one of many). They can keep you in jail for up to 23 days before the prosecutors have to decide whether to release you or indict you

I think this is a valid point about the Japanese system generally, but not in this particular case. Everyone agrees that a shoplifter shouldn't be detained for weeks on end in hopes that they'll eventually confess, but the allegations against Ghosn involve a massively complex global financial fraud that requires tremendous time and resources to investigate properly. If anything, the detention period allowed by law is unreasonably short in all case of international corporate fraud. It would probably make more sense to define the detention period by the type of crime involved, with longer periods available for white collar corporate crimes.

4 ( +15 / -11 )

This not correct, re-arrest on the same old story ???.Carlos had agreed to pay bail , Carlos have agreed to go to court and explain his situation. it shows that Japan is a lawless country that only wants to do what they want and is a big bully. It must be a situation that if Carlos go to court, all the dirty linen will come out in the open for all good Japanese public & the world to judge and some parties are finding this a big disadvantage. Bad Japanese meaness . Going international.................???.People are equal in japan and we must work to save Japan ???.

0 ( +15 / -15 )

@Schopenhauer

Are you living in Japan? The law here is that suspects are innocent until or unless proven guilty. Perhaps it is strange to you only because you lack an understanding of your constitution.

7 ( +19 / -12 )

It is kind of hard to prove he will trying to break the law when both companies knew about what was going on.

Renault, Nissan execs sought other ways to pay Ghosn, documents show

https://japantoday.com/category/business/exclusive-renault-nissan-execs-sought-other-ways-to-pay-ghosn-documents-1

The prosecutors and Saikawa have backed themselves in a corner.

They are getting desperate, and that makes them more dangerous.

2 ( +16 / -14 )

I think this is a valid point about the Japanese system generally, but not in this particular case. Everyone agrees that a shoplifter shouldn't be detained for weeks on end in hopes that they'll eventually confess, but the allegations against Ghosn involve a massively complex global financial fraud that requires tremendous time and resources to investigate properly. If anything, the detention period allowed by law is unreasonably short in all case of international corporate fraud. It would probably make more sense to define the detention period by the type of crime involved, with longer periods available for white collar corporate crimes.

Yes, but they don't need to keep him detained while the investigation is ongoing - they could indict him, then release him on bail pending trial while evidence continued to be gathered. The purpose of detention per se is in 99% of cases to obtain a confession from the suspect, which isn't really necessary in this case since he obviously isn't confessing and the evidence they need to be examining and collecting doesn't require him to be locked up while they examine and collect it.

He is potentially a flight risk, but they could easily confiscate his passport and impose other conditions on his release to keep him in the country.

3 ( +16 / -13 )

@M3M3M3 - I am against indefinite detention and interrogation without counsel present. Even with the complexity of this case they could take measures to prevent Ghosn from fleeing or disappearing (as was done in Canada recently).

However you do bring up one good point. Since the law does not provide guidance on this (i.e. how long can he be detained for this type of crime) it looks rather bad. IF there was a set, tangible and measurable rule (i.e. 3 months for financial crimes exceeding Yen XXX) then this would be easier to understand. The difficult thing to understand is recharging him, especially after the judge ordered the end to the detention. It just makes it look like they are trying to prevent Ghosn from sharing his side of the story and also are trying to detain until he admits guilt.

I think we now know that Shin Kukimoto, who stated on November 29 that the prosecutors will hold Ghosn as long as needed to finish the investigation, was serious.

-2 ( +11 / -13 )

It's good that at least in Japan elite white collar criminals aren't given a golden pass when charged with crimes, unlike back home in the States

-2 ( +12 / -14 )

I was watching some DS9 episodes the other day and there was one dealing with the Cardassian justice system, and I was struck by the similarities to Japan's.

0 ( +11 / -11 )

99% conviction rate tells you all you need to know about the Japanese legal system.

-3 ( +14 / -17 )

@rainyday

the evidence they need to be examining and collecting doesn't require him to be locked up while they examine and collect it. He is potentially a flight risk, but they could easily confiscate his passport and impose other conditions on his release to keep him in the country.

I'm not so sure. Flight risk is just one issue. Destruction of evidence is probably the biggest concern. Witness tampering and intimidation is another, since there are probably hundreds of Nissan employees that the police may want to interview, with the list growing longer each day as new evidence is unearthed. Because there are co-defendants, collusion between the suspects is also another concern.

@Tokyo-Engr

The difficult thing to understand is recharging him, especially after the judge ordered the end to the detention.

But the judge ordered an end to detention for that specific criminal investigation (corporate disclosure of the salary) and only that investigation. Recharging him with an additional crime is perfectly legitimate (and I was actually going to raise this possibility on last night's thread when everyone was wishing Carlos a Merry Christmas but I didn't want to seem like a troll). This practice of resetting the clock with a new charge is incredibly common in every western country too. Police and prosecutors are very sensitive to the time limits. Terror suspects, for example, will initially be charged with weapons possession while evidence is being gathered for a more serious charge.

5 ( +16 / -11 )

Wow, shifting his personal losses onto Nissan now? Ghosn is plain bad. Keep him locked up Japan!

-4 ( +12 / -16 )

Deru kugi wa utareru? "The nail that stands up will be hammered down."

It's actually 'deru kui' (杭 くい - stake), rather than kugi (釘 くぎ - nail).

13 ( +16 / -3 )

I guess when Ghosn spoke of "restoring honor" he was talking about restoring the honor among thieves. He is forever disgraced

-3 ( +12 / -15 )

@M3M3M3: This practice of resetting the clock with a new charge is incredibly common in every western country too. Police and prosecutors are very sensitive to the time limits. Terror suspects, for example, will initially be charged with weapons possession while evidence is being gathered for a more serious charge.

The systems are not comparable, especially when compared to the United States. The prosecution in the United States generally has up to 48 hours to charge suspects, and if there is not enough evidence, they ae released. If they are charged, they get to see a judge, with representation, to determine bail. Suspects have the right to talk a lawyer and are Mirandized. Japan can hold a suspect for two, ten-day terms, even more if the judge agrees, limits access to a lawyer for less tea 30 minutes at their discretion, Legal representation is not allowed to be present during questioning, and suspects cannot meet with, or call, friends or family.

I don't understand how the systems are even remotely related. Ghosn is not a terror suspect.

2 ( +17 / -15 )

Next they will put him on suicide watch.

10 ( +15 / -5 )

Court says release, prosecutors say no, it's going down its going down. It's now a fight about the criminal system rather than this man. Next government involvement. Hardly a transparent and fair system? Taro hand me the guilitene!

0 ( +0 / -0 )

It's one thing to persecute someone in public. It's another that the one persecuted is barred to defend himself. How come the prosecutors are allowed to "leak" information to the media and the defendant can't?

-2 ( +13 / -15 )

The idea that it is common to introduce new charges, dripping them out bit by bit, to ensure that the prosecutors can keep a defendant locked up, is ludicrous!!

It does NOT happen in civilized countries!!

Charge him on the front end, decide whether there is bail / no bail, and then get on with it.

This is a medieval justice system designed to convict defendants before a trial!! It is a sham and it is despicable!!

-2 ( +14 / -16 )

Shame, this is the longest soap opera ever. :-(

-5 ( +6 / -11 )

 If Ghosn is not locked up, he would flee Japan using at least 3 passports he owns. 

Ganbare Japan - don't Japanese authorities have the power to confiscate the passports of those they consider to be a flight risk?

Don't you think that someone might notice when he wanders into Departures at Narita and make sure he doesn't get in a plane.

You'll have to do better than this if you want to maintain a "Japan is always right" line. It is an antiquated justice system and is being held up to ridicule by the rest of the world.

4 ( +18 / -14 )

His biggest regret is that he got caught in the first place with all his money thieving. This will set back the plight of the foreign CEO or manager in Japan by a decade or so I would assume. Thanks for that Ghosn..

-2 ( +11 / -13 )

Let’s wait another 10 or 20 days when prosecutor need to apply for extension, when it got rejected by court do they have another new fresh allegation.

6 ( +12 / -6 )

So if he makes bail will they find another reason to arrest him so they can place all the blame on him in hopes of “regaining public trust “:-/

4 ( +11 / -7 )

The prosecution system is crooked and so is Ghosn. Grab your popcorn and watch them expose each other.

Win Win.

4 ( +8 / -4 )

It seems very questionable as to whether or not the prosecutor is violating Artical 34 of the Japanese constitution, of he is being denied counsel during interview / interrogation.

5 ( +6 / -1 )

Some of the accusations are getting ridiculous ..reported in Mainichi news

" A person linked to the Japanese automobile giant said Ghosn always used company money to cover his expenses. "When the former chairman went out and felt thirsty, he had a subordinate buy water for him using company money. He always spent company money for everything," the person lamented".

8 ( +8 / -0 )

If Kelly goes free then we know they have it in for Ghosn. They are hoping that something will stick, so Renault will fire Ghosn. Saikawa and Japan Inc. hope that they can renegotiate with Renault or dissolve the relationship.

Renault holds all the cards, and they don't trust the charges Saikawa.

6 ( +6 / -0 )

The next time the Japanese PM (or Head of State for that matter) is on his travels, he should maybe visit a small village in Surrey, England called Runnymede.

This small village now often regarded as the birth place of Human Rights. (Magna Carta, 12 June 1215).

I am sure he would find it interesting.

7 ( +9 / -2 )

Yes, but they don't need to keep him detained while the investigation is ongoing - they could indict him, then release him on bail pending trial while evidence continued to be gathered. The purpose of detention per se is in 99% of cases to obtain a confession from the suspect, which isn't really necessary in this case since he obviously isn't confessing and the evidence they need to be examining and collecting doesn't require him to be locked up while they examine and collect it.

He is potentially a flight risk, but they could easily confiscate his passport and impose other conditions on his release to keep him in the country.

Having a passport confiscated for someone as wealthy as Ghosn wouldn't make a single shred of difference. If he wanted to run he could do it in MANY illegal ways. Private jet, private airport, freedom. Conditions on travel and passport confiscation doesn't work the same way for wealthy people as it does for the other 99%.

-5 ( +2 / -7 )

This is not even 3rd world stuff!

Look, I don't know if Ghosn is guilty or not, so prosecutors, IF you got anything on him CHARGE HIM & go to trial like a CIVILIZED Country would!!

The reason the prosecutors are playing one card at a time is because they clearly HAVENT gathered enough evidence & they are going for the FORCED CONFESSION

This is shining an extremely unflattering light on ole Nihon, another embarrassing day to be living here.

Prosecution, if you got the GOODS then CHARGE HIM!!

5 ( +7 / -2 )

This is not even 3rd world stuff!

Look, I don't know if Ghosn is guilty or not, so prosecutors, IF you got anything on him CHARGE HIM & go to trial like a CIVILIZED Country would!!

The reason the prosecutors are playing one card at a time is because they clearly HAVENT gathered enough evidence & they are going for the FORCED CONFESSION

This is shining an extremely unflattering light on ole Nihon, another embarrassing day to be living here.

Prosecution, if you got the GOODS then CHARGE HIM!!

White collar crimes take a long time to investigate, they are charging him (hence why he's being detained) but they need to have a 100% airtight case.

-2 ( +3 / -5 )

I agree with all the critics in here.

This is doing nothing but highlighting a disgusting of abuse of power and xenophobia (perhaps we should just say, blatent racism. I say that because there must be Japanese Nissan accountants who are culpable but are not being held.)

I'm shocked by the amount of respondents who have branded Goshn guilty before trial.

7 ( +10 / -3 )

Prosecutors also raided Ghosn's residence in Tokyo on Friday in search of evidence

In search of evidence? Seriously? Cut your loses.

2 ( +4 / -2 )

Jandworld .... how to arrange harmony?.??

0 ( +0 / -0 )

Who is really involved high above, who is in kahoods with saikawa & another person ???.This just plain injustice. It had been reported in the above news that Carlos have considered the move but did not do so after being told by financial authorities that it would be illegal. like I have written many times, in Japan , no foreigners can make any important moves unless, he has Japanese co-operation in this kind of action.I suggest human rights group move in right now. As Japanese style detention is illegal unless Japan is a country that have no rights for any good Japanese or good people. Who would want to help Japan after this kind of horrible action of the part of the Japanese ???.

1 ( +3 / -2 )

From a procedural law sense, they are allowed to make this play. The question is one of fact ... whether they genuinely "just found out" the facts supporting the latest accusation. If not it is abuse of authority and the prosecutor should himself be charged and convicted.

Not that the last would happen of course, even in better justice systems than Japan.

If I were the judge, I'll agree the initial, 3-day detention was legal, but unless they can really impress me with what they already have at that point, I'll not be approving the 10-day period (let alone the one after that).

Not that this would happen, of course. Ghosn was lucky even the second 10-day period was blocked.

5 ( +6 / -1 )

This small village now often regarded as the birth place of Human Rights. (Magna Carta, 12 June 1215).

The right not to be incarcerated unless found to be in breach of the law may be 900 hundred years old but Western concepts of justice do not apply in Japan. Ghosn has been locked up for a long time on flimsy evidence

The historical Japanese justice system was based on confession- no one could be punished unless they confessed to the crime. As a result, Japanese justice became less about evidencing guilt but extracting confession.

This is something they became very skilled at, but most traditional methods are now illegal. However the tradition lives on.

10 ( +11 / -1 )

Having a passport confiscated for someone as wealthy as Ghosn wouldn't make a single shred of difference. If he wanted to run he could do it in MANY illegal ways. Private jet, private airport, freedom. Conditions on travel and passport confiscation doesn't work the same way for wealthy people as it does for the other 99%.

Is there a private airport for super-rich people in Japan? If so, where is it? Look, I don't exactly care for wealthy expat types who live in areas of Tokyo such as Hiroo or Shirokane-Takanawa. But holding super-rich people in unconvicted detention on the grounds that the normal rules of life don't apply to them once they are out on the streets seems wrong to me.

8 ( +9 / -1 )

Why...

Ghosn was re-arrested, on suspicion of using Nissan funds to cover losses of 1.85bn yen ($16.6m) he incurred from derivatives trading in 2008.

as in british media

-2 ( +0 / -2 )

They just said on the news that the statute of limitations for the new charge is 7 years, but the crime supposedly occurred 10 years ago. The persecutors are trying to claim the time Ghosn spent outside of Japan should not be counted in the 7 years.

I think it's clear that there is no way they are going to release Ghosn willingly: they have embarked on a vendetta and will use all vindictive, underhand and sneaky means they can get away with to keep him locked up without a trial (because they have no evidence).

7 ( +8 / -1 )

Having a passport confiscated for someone as wealthy as Ghosn wouldn't make a single shred of difference. If he wanted to run he could do it in MANY illegal ways. Private jet, private airport, freedom. Conditions on travel and passport confiscation doesn't work the same way for wealthy people as it does for the other 99%.

OK, so what secret private airport is he going to use exactly? Bear in mind to that confiscating his passport isn’t the only condition they will impose, they’ll require him to put up millions of dollars in bail, all forfeit if he leaves, place conditions on his movement that can be traced electronically, etc. Also as soon as he arrived in another country he’ll just be arrested at the airport and sent right back to Japan unless he is going to North Korea or something.

Also bear in mind that whatever he is ultimately convicted of is not likely to result in a lengthy prison sentence to begin with, so his motivation to fleeis going to be miniscule.

5 ( +6 / -1 )

Scrote, “The persecutors are trying to claim the time Ghosn spent outside of Japan should not be counted in the 7 years.”

I would say the prosecutors don’t need to “try to claim” this as it is actually the law. I’ve seen a number of instances where stopping the clock on the statue of limitations was applied to Japanese who fled overseas after committing a crime and then were later captured and extradited back to Japan, or caught when they reentered Japan on their own.

3 ( +3 / -0 )

"I want to have my position heard and restore my honor in court."

Nah~ Trying to make Nissan shoulder your personal loss completely ruined your honor already.

Nah~ no one interested in your position keep sucking the company, by charging the company like your personal divorce litigation cost, reservaion fee of entire Versailles Palace for your personal remarriage, by assigning your relatives to benfit them back in Brazil etc etc... do you wannna go on?

You simply did too much.

-2 ( +2 / -4 )

“The persecutors are trying to claim the time Ghosn spent outside of Japan should not be counted in the 7 years.”

Ghosn lived several places in the world as a Permanent Traveler in an effort to probably avoid paying income tax in Japan but that went against him on this crime.

-6 ( +1 / -7 )

japan seriously doesn't have a justice system. i was put in there for over 3 months, solitary confinement, prevented from praying and harassed and abused when trying to sleep..they have a way of making you falsely 'confess'. its a form of torture they did to non-japanese back in WW2. I recommend you guys watch the movie silence. excellent film and portrays how they are.

5 ( +7 / -2 )

japan seriously doesn't have a justice system. i was put in there for over 3 months, solitary confinement, prevented from praying and harassed and abused when trying to sleep..they have a way of making you falsely 'confess'. its a form of torture they did to non-japanese back in WW2. I recommend you guys watch the movie silence. excellent film and portrays how they are.

What on earth have you done anyway? did NOTHING but ended up in solitary confinement ?

Stop joking.

-2 ( +2 / -4 )

I would say the prosecutors don’t need to “try to claim” this as it is actually the law. I’ve seen a number of instances where stopping the clock on the statue of limitations was applied to Japanese who fled overseas after committing a crime and then were later captured and extradited back to Japan, or caught when they reentered Japan on their own.

You are correct, but I think the clock is only stopped if someone is a fugitive, i.e. actively evading arrest. The persecutors had many opportunities to arrest Ghosn for this "crime" during the 7 year period from 2008, but they did nothing. I believe the new charge is entirely vexatious and should be thrown out by any competent judge.

6 ( +7 / -1 )

 I think the clock is only stopped if someone is a fugitive, i.e. actively evading arrest.

if someone either was a fugitive or lived outside of Japan.

-6 ( +0 / -6 )

Ghosn lived several places in the effort to probably avoid paying income tax in Japan but that went against him on this crime.

Have you any proof of this - of course not. Your comment states probably.

Let's check all Japanese nationals living, working outside Japan to see if they are paying their taxes. Maybe / possibly / probably not. They must all be guilty - probably.

4 ( +5 / -1 )

White collar crimes take a long time to investigate, they are charging him (hence why he's being detained) but they need to have a 100% airtight case.

Ksteer,

So you are saying is the prosecution, actually have no real proof he has done anything, but have locked him up anyway...…… & NOW they are ""hoping "" to find evidence???

Sorry I call BS on that!! They have a little ""something"" on him & are now going for a FORCED confession, THIS happens an awful LOT in Japan & has for AGES.

As I have been saying for decades, the J-justice system is the DREAM of many a dictator!

2 ( +4 / -2 )

japan seriously doesn't have a justice system. i was put in there for over 3 months, solitary confinement, prevented from praying and harassed and abused when trying to sleep..they have a way of making you falsely 'confess'. its a form of torture they did to non-japanese back in WW2. I recommend you guys watch the movie silence. excellent film and portrays how they are.

From what you say here, Arrivals 12, 13, 14, 36, an 38 of Japans constitution have been violated.

You could use Articles 17 and 40 to sue. Seriously.

Also, sleep deprivation is internationally considered torture, as is prolonged periods of solitary confinement.

2 ( +4 / -2 )

Ghosn is no innocent schoolboy. Get used to your tatami mat cell, thief.

-4 ( +2 / -6 )

The shrewd Ghosn is waiting patiently inside the jail, reading thrillers offered by Japanese govt, hoping Japanese govt making mistakes. He is winning. Now, the only thing that Abe can do is to buy out Nissan from French govt if he wants to save the company and Japanese pride.

1 ( +3 / -2 )

It's just a slander and indefinite incarceration system until confession. Really doesn't matter if he can't talk about it or defend himself.

2 ( +3 / -1 )

Wait until Ghosn writes the book it will be like a Kafka novel!

3 ( +3 / -0 )

I just got done commenting that Trump was like the Grinch and here the J-gov goes and trumps Trump. Now they're going to look really stupid too.....

And yeah, don't risk getting arrested in Japan. The legal system is positively feudal.

2 ( +2 / -0 )

Headline;"Ghosn gets re-arrested again for using mobile in car !"

0 ( +1 / -1 )

"Using a mobile in a car", eleven years ago, but there is no evidence, a source close to the source said.

Happy Christmas, this is better than soap.

0 ( +1 / -1 )

Now, the only thing that Abe can do is to buy out Nissan from French govt if he wants to save the company and Japanese pride. Renault probably doesnt want to sell now and if they did itll be a premium price abouve the companies market value, make an offer Abe. LOL

1 ( +1 / -0 )

Ghosn is no innocent schoolboy. Get used to your tatami mat cell, thief.

please Mr Prosecutor tell me the deatils of this case you know so much about, or are you just getting your info from the J press. LOL

1 ( +1 / -0 )

I reckon he will go down for some fiddling. One thing that has emerged is that he was incredibly arrogant in his dealings and that kind of person in a position of immense power, tends to think they're untouchable. I'm sure he wasn't acting alone but he was the boss after all, so the buck stops with him.

0 ( +0 / -0 )

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