Ghosn to be released after court rejects prosecutors' appeal; bail conditions revealed

FREE GHOSN!!! FINALLY!!! This is going to be interesting, popcorn at the ready.

I just bought a new popcorn maker for this! Hopefully it will be a good show!

-- Ghosn must live in Japan with a security camera installed at the entrance of where he lives.

So he can come and go?

-- Ghosn's passport must be controlled by his defense lawyer and overseas trips are prohibited.

Passport? Not passport(s)? Anyway, I doubt he will try to leave.

-- Access is prohibited to people related to his financial misuse allegations, including senior Nissan officials.

He won't need it. He'll just talk to the press. Personally, I'm looking forward to that!

-- Ghosn can attend a Nissan board meeting with court approval.

Would love to be a fly on the wall during that board meeting!

-- Use of mobile phones is restricted.

Restricted or prohibited?

-- Ghosn can only use a personal computer at a lawyer's office on weekdays.

Buuuut I'm sure visitors to his house will be happy to point and click for him.

One wonders what was the basis of the prosecutor’s appeal. Substantive, or just being an ass by causing him to be held one more day.

One wonders what was the basis of the prosecutor’s appeal. Substantive, or just being an ass by causing him to be held one more day.

If by being an ass you mean attempting to save face, you are correct.

Not having a forced confession sure exposes the lack of actual ability on the side of prosecutors.

interestinger and interestinger......

I do wonder what has passed in the court that resulted in such an about face. In terms of integrity of the Japanese justice system, I am not sure what's worse, a system that's heavily biased towards police, or a system that seemingly decides crucial issues on a whim and now appears to be having a different set of rules for foreigners.

IMHO, it could come back to bite Ghosn yet. Pyrrhic victory?

I do wonder what has passed in the court that resulted in such an about face

It's very simple. Yesterday his family presented his case to the UN Human Right Commission. Japan, being so desperate for UN approval on so many different items ranging from UN Security Council membership to UNESCO to more, finally faced enough gai-atsu in the right angle to make the court balk.

@Ex_Res

Is smoking banned in all Japanese Jails (even solitary), as it is here (Australia), because it does lead to recindivism as your patterns don't sufficiently change in that incarcerated time, not to mention the health aspect?

They are past the main investigation stage now, so it makes less sense to keep holding Ghosn. Although Japan appears slightly more like a "normal democracy" now, this doesn't change the fact that he was held unjustly, for over 100 days!!!

Ghosn should publish a book entitled, "First 100 Days" ...

Not having a forced confession sure exposes the lack of actual ability on the side of prosecutors.

Keep in mind that if Ghosn DID in fact confess, he would never have gotten bail and a trial would become just a formality in the process.

T

Again, as predicted, compromise has to be made, by both sides. Good for Ghosn and his family.

For health reason, Ghosn has to move to where his family located.

WOW, I am so happy for him! Good on him for putting pressure on the whole Japanese legal system by contacting the U.N. I hope Nissan gets it from this guy. If he can save a company from the brink, he can certainly push them over. "Never bite the hand that feeds you". I hope he takes his time too. Revenge is a dish best served cold. Give it to them.

We just got the trial of the year, is just that i don't like pop corn

Good news! But this is proof that Japan's justice system is a joke. And like I said just yesterday (I'm going to quote myself here..)

the UN and rest of the international community need to make sure this isn't just about Ghosn. Of course his human rights were violated, but my biggest fear is that Japan will probably cave into pressure and then assert that it is just an isolated incident. That would be wrong.

Like I predicted, he is going to be released so that there is no longer a spotlight on Japan's justice system. that would be wrong. There needs to be constant pressure on the system to reform its draconian ways and adopt a proper human rights system that is consistent with the civilized world.

One thing to add, I hope he has a trusted private security team cos if I were him I'd grow eyes in the back of my head!

Can't wait for the first press conference that Ghosn holds!!!

He's out, but he's not really free. Everything he does will be strictly scrutinised, right down to his morning poop. At least he will be able to see his family. He should not have been arrested in the first place. This whole thing should have been dealt with by Nissan.

watch this!!!

https://www.youtube.com/watch?v=ZCpDDvc4vVA

Whether Ghosn is guilty or innocent, one thing that I hope comes from all of this is that Japan's "hostage justice" system becomes abolished. The way it treats accused defendants is simply not in line with 21st century standards of a free country. It's something I would expect to see in a third-world banana republic or something.

The Japanese legal system is "skewed in favor of the accuser". Think about that.... Basically your takeaway from that should be. If involved in an altercation where it might come down to your word versus another persons, you should immediately go to the Police and accuse the other person first. Too many foreigners do not only to find themselves in Jail wondering what happened.

Ghosn is accused of understating his remuneration by around 9 billion yen in Nissan's securities reports over the eight years through last March.

Those are the reports that Nissan has "corrected" to show that Ghosn will be paid more in future, and the payments which are not going to happen anyway?

Good luck proving that in a kangaroo court let alone a supposedly serious lawful state.

Nissan said its own internal investigation, triggered by a whistle-blower's reports, had also uncovered the use of company assets and funds by Ghosn for personal purposes.

And Seven-Eleven etc have caught part-timers clowning around on the job.

What's to see here?

Just the ridiculous "justice" system on display.

Access to prohibited people denied, (its like South Africa), yet;

Access is prohibited to people related to his financial misuse allegations, including senior Nissan officials.

-- Ghosn can attend a Nissan board meeting with court approval !

Japan's legal system works. It scares a lot of criminals, by the way they complaining heavily.

So , he can talk to the press right? Yes? No?

On a side note 108 days in solitary has an interesting significance, if only coincidental, in that the number 108 has deep significance in Asian religion and philosophy and is regarded as a sacred number!

Buddhism Belief

A bell is chimed 108 times in the Buddhist temples in Japan by the end of the year. They believe that there are 108 earthly temptations that a person must overcome by ringing the bell 108 times to achieve Nirvana.

It's very simple. Yesterday his family presented his case to the UN Human Right Commission

I am not sure that the court even care about this. The submitted report alledges that his human rights had been violated during mandatory detention (according to his lawyer Francois Zimeray). But of course as we all know, mandatory detention is now common place around the world post 9/11, and of course has always been the case in communist countries etc. Noting also it was submitted to the UN Working Group on Arbitrary Detention, a toothless pussy cat (saying tiger would be an insult to tigers), with no real power to do anything, in any jurisdiction.

Assuming for a moment that the court is swayed by this UN related move, doesn't that gives the impression Japanese courts makes 'Arbitrary' decisions? Which is more palatable - Arbitrary Detention, or Arbitrary court Decisions?

This saga started out looking quite ridiculous, and it continues to be, if one look at it all from a point of law rather than take side, not to mention no one has even mention the words 'tax evasion', what the allegations amounts to.

@Sh1mon

No one has mentioned 'tax evasion' because it has nothing to do with the charges against Ghosn.

He's out, but he's not really free. Everything he does will be strictly scrutinized, right down to his morning poop

While he was in detention any communication with his defense team is being watched and only can last for 30 minutes per day. Now he can communicate without being watched and can last for 30 minutes per day.

Don't forget while he was in detention he was rejected for access to simple things like pen and paper, now he can have access that too.

he has been denied pen and paper and has lost weight,

https://www.japantimes.co.jp/news/2018/12/31/national/crime-legal/carlos-ghosns-detention-japan-extended-jan-11/

The treatment of Ghosn following his arrest has brought Japan's criminal justice system under international scrutiny, with some practices such as detaining suspects for long periods and interrogating them without lawyers present prompting critics to liken such confinement to being held "hostage."

Its NOT "like" being held hostage it is EXACTLY being held hostage. I am 100% convinced this was discussed and agreed with prosecutors by Nissan senior officials before Ghosn's arrival back in Japan. If they had not been guaranteed of that it is unlikely they would have proceeded. I am so glad public sentiment (obviously mostly from outside of Japan) has now made it too difficult for the court to deny him bail any longer. It appears Ghosn's change in lead lawyer has made a big difference in getting this latest bail application granted.

Ghosn's lawyers may well be rewarded if they investigate if any "gifts" of any kind passed between Nissan and any one in the prosecutors or Justice offices at any point prior to or after his arrest and detention. They should scrutinise and account for every single withdrawal or transfer of funds or any other gifts.

I welcome the release of Mr Ghosn and I must say I did not think they were going to do so prior to his trial.

Those are the reports that Nissan has "corrected" to show that Ghosn will be paid more in future, and the payments which are not going to happen anyway?

Interesting or ridiculous, I don't know, but the ability to restate income/expenses by individual/company even 8 years after the original report, looks and quacks illegal to me (and I do wonder how all this stacks up against IFRS). Though stranger things has happened in Japan.

Isn't his previous house arrest request was even stricter. ¯_(ツ)_/¯

No one has mentioned 'tax evasion' because it has nothing to do with the charges against Ghosn.

I understand that point JBird, but somewhere along, an individual, or a company has under reported income for a number of years. How can this be compliant with IFRS (International Financial Reporting Standards), which tax laws do rely on.

Ultimately does that mean no one from Nissan is going to be held accountable for fudging the books for years?

I welcome the release of Mr Ghosn and I must say I did not think they were going to do so prior to his trial.

Yes and I think Japanese and gaijin alike will cheer this on, but is the system going to be changed so Japanese also benefit from this new found sense of justice in the court?

he is out , good.

now he needs a fair trial, and a fair sentence, for all his bad deeds, and hopefully he gets the jail time that he deserves for all his crimes.

While it is awesome that he was FINALLY granted bail, the damage has been done and the objective of Nissan and J Inc has been achieved.

-- Ghosn was removed as Chairman of Nissan.

-- Ghosn was also replaced as Chairman & CEO of Renault due to be in detention.

-- Nissan has thrown in a wrench into the plans by Renault to more tightly integrate Nissan into Renault.

So, at this point, regardless of what happens with Ghosn's trial, he is through at Renault and will not be part of the equation going forward.

And THAT was the primary objective of Saikawa and J Inc. The tighter integration of Nissan into Renault was driven by Ghosn's reputation and leadership of both entities. Saikawa will now vigorously argue that Renault should let Nissan retain its independence..... under JAPANESE leadership!!

I am sure Renault sees all of this for what it is and now that Ghosn is out, I am sure many conversations will be had between Renault executives and Ghosn!

As for Ghosn, being released on bail has two major advantages:

-- The prosecutors can no longer forcibly extract a confession from him.

-- He can now actively, aggressively, and fully prepare for his defense.

Question: I wonder if Ghosn will attend the extraordinary shareholders meeing?! THAT would be an awesome meeting to be a part of if he does!!!

The Japanese legal system is "skewed in favor of the accuser". Think about that.... Basically your takeaway from that should be. If involved in an altercation where it might come down to your word versus another persons, you should immediately go to the Police and accuse the other person first. Too many foreigners do not only to find themselves in Jail wondering what happened.

@Saiko - I would argue that the system is skewed in favor of whomever is socially higher-ranking. A low-status person is not going to run to the police to accuse someone of a crime because it might be turned around on them. Case in point: foreigners who go to the police to complain about disturbances or to report incidents, only to find the police paying no attention to said incident and instead showing more interest in the foreigner's immigration status!

Ghosn was wise to change lawyers. The Japanese justice system desperately needs changing. Going to the UN was brilliant. It escalates the matter beyond a national legal procedure to an international human rights matter.

As the saying typically goes, in Japan - the nail that stands up gets hammered down. Ghosn has truly defied the odds. Ghosn is truly the nail that stands up!

expat Today  01:01 pm JST

So, what changed the judge's opinion? The article doesn't say.

I may be wrong, but from what I understand, this was a different judge than before.

@Ex_Res

Is smoking banned in all Japanese Jails (even solitary), as it is here (Australia), because it does lead to recindivism as your patterns don't sufficiently change in that incarcerated time, not to mention the health aspect?

Will. I don't to be honest what the rules are regarding smoking in Japanese jails.

Akie,

The Japanese judicial system only works for convicting people, regardless if the person is innocent or guilty. If you don’t care for democracy or the fairness of a judicial system, then you might find it attractive because of Japan’s low crime rate. But if you care about fairness and human rights, the Japanese justice system is unacceptable as a democracy.

Japan prosecutors' famous (or infamous) 99.5% conviction rate comes at the cost of more than 60% of cases not being prosecuted/ deferred or exempted, i.e. they fear losing the case (2016 data). In addition, many first time offenders with minor crimes who confess are let off with a 'warning.' A highly risky scenario.

In the past, this was attributed to low prosecutorial budgets impelling understaffed prosecutors to bring only the most obviously guilty defendants to trial. Is it the same today?

@Ex_Res

Is smoking banned in all Japanese Jails (even solitary), as it is here (Australia), because it does lead to recindivism as your patterns don't sufficiently change in that incarcerated time, not to mention the health aspect?

Hi Will. To be honest I don't know what the rules are, regarding smoking in jail in Japan. I would say probably not.

I thought the practice of 'hostage justice' was a throwback to the Meiji era or something but it turns out it's relatively recent. In his news conference yesterday Hironaka said that when he started practising law 50 years ago, the courts used to release a suspect on bail shortly after arrest.

I then read a quote by different lawyer in a national newspaper who basically said the same thing and that protracted detention became an issue in the late 70s amid a major political scandal which then established the questionable practice.

So Ghosn's case might well be the catalyst for returning the justice system to the status quo of 40-50 yrs ago. Not exactly progression.

We are very very very happy that Mr Carlos Gohsn is on bail. He is a good example for all foreign people in Japan & the world. Nissan & Japan inc, it is time to stop bad under-hand methods. Destorying people's life for selfish needs which U term under ' because this is business '.

I am so glad public sentiment (obviously mostly from outside of Japan) has now made it too difficult for the court to deny him bail any longer.

The ONLY place that positive change in Japan comes from is outside of Japan. Think I'm exaggerating? Look at history.

About time, this is a white collar crime (if proven!) and he should never have been locked up for so long without being charged.

I am very familiar with our own judicial system and I must say that whilst it may not be perfect at least there is more fairness, accountability and transparency here than in Japan.

Good luck Mr Ghosn!

What a bizarre affair.

Seems like only the rich can get away with this... Anyhow he is out... Hope he abides by his conditions of release.

Those birds give the picture such an ominous and grim appearance...