Judge says Ghosn being detained due to flight risk and possibility he may conceal evidence

I'm no fan of Mr. Goshn. However, I am a fan of fair and open legal proceedings. Japan has neither. Japan imprisons and holds accused persons in primitive prison conditions prior to trial. This denies the principle of "Innocent until proven guilty in a court of law". By doing so Japan loses the standing of a fair and open legal system. Until a person is proven guilty in a court of law all defference must be given to them as innocent persons within reason. There are good reasons to hold people under arrest in some cases (flight risks, suicide risks, re-offenders, psychiatric cases, etc.) But, they should not be held as if they are being punished until they are convicted. Come on Japan join the developed world.

Corporate criminals are the worst.

Lock them up.

I can't wait to see Nissans profits, total cars made, sales tables and spread sheets for this financial year, I wonder if they will drop or increase.

Hang in there Carlos, don't give in to the Gestapo tactics a lot of us are with you!

They have no evidence, they need a confession. Japan is under the microscope in world opinion right now with no way out. They NEED a confession. And they are not going to get one.

Interesting to compare this case to the one in Canada where Meng Wanzhou, Huawei CFO, was released with a requirement that she wear an ankle bracelet. There’s no fear she’ll escape with them on. Power play in Japan with foreign nationals? The world is comparing these two cases, looking at how criminal cases are handled in each ‘civilized’ nation. Ghosn may be on trial in Japan but Japan is on trial in a bigger court. The world is watching and comparing. This level of inhumanity in the 21st century is incredible. What’s cooking, Japan?

Well, the earlier we know abt real Japanese way of dealing with foreign people, the best for us. No more helping any Japanese companies. Carlos should be let go on bail. If not, the world will not forgive.

Western country should do the same to Japanese company which they don't ,except china company .Japanese company have been getting away easy on a lot of wrong doing..If not because if Ghson case .I didn't even know such an unequal standard and unethical justice system in Japan .Where Japan being part of developer world it justice should follow international standard.I don't blame China complain about unfairness in the way the western country have been dealing. Japan was left off the hook without follow the rules but allow to enjoy the benefit of the world trade .It is time to force change in Japan justice system to follow international .If treat China in that manner same should go to Japan to abide by international standard.

Wow its lucky they're on our side.

"Again I ask, have the Japanese never heard of house arrest, fit him with an ankle tracker and confine him to his home"

They don't want him to be that comfortable.

@esafzay:

You can, if someone offers you more money than you are making at your present employer, you can ask that they match or beat the offer.

I did keep a record of the market compensation for my role, which those companies offered me if I had taken these jobs.

I want this ideal job where I can choose a suitable salary for myself.

A man, who in my country would be presumed innocent until proven otherwise, wouldn't be brought into court in handcuffs. But he is, in a country where a guy on death row for a long time recently committed suicide. What next in Japan?

Again I ask, have the Japanese never heard of house arrest, fit him with an ankle tracker and confine him to his home and general vicinity, it works in civilized countries, as to destroying evidence, he doesn't have any, if the Japanese police and prosecutors can't secure the evidence they have, they should all be fired.

Its a pony show!

What gave it away, the rope?

That is up to the employer.

Almost anyone in a position to be paid in foreign currency is likely in a position to be able to demand it.

From the start I'm wondering if he is actually a witch. As most foreign people are? The whole thing is playing out like a witch trial. Verdict is in, now just have to avoid justifying the verdict. All I can say is don't let him near a broom.

A rope? Why? Does he have the ability to float away?

Yes @Crikey, Ghosn is very literally a flight risk.

Like many foreigners, he has the ability to take to the skies if not tethered by a rope. But the clever Japanese justice system never falls for these crafty airborne tricks.

"Ghosn's son said the prosecutors want him to sign a confession. The confession is written in Japanese"

Without English translation? I guess that confession will remain unsigned.

"First, let me say that I have a genuine love and appreciation for Nissan"

The tatemae is strong here. Probably he did at some point but certainly not any more.

That is correct Ah_so, at the end of the day, lets say your employee pays you 700,000 Yen a month but you requested it in US dollars, at the time of 5:30PM Japan time on xe.com 700,000 would be $6,424.29 that converted amount would be in your bank account, nothing more nor less, it is nothing new to ask to be paid in a different currency, not like it just started recently.

Not sure about English teachers, though I do know that foreigners with high level positions in any fields, or folks working in Finance and IT, that foreigners can request to be paid in US dollars, especially if they were transferred to the Japan branch office..

That is up to the employer. But someone is taking on the FX risk. If the company's base currency is JPY then agreeing to pay in a different currency requires someone to take on FX risk or hedging costs unless this the recipient is happy with variable pay in their selected currency.

Good to read his statement. He is clearly going to be putting up a robust defence.

With regards the FX contracts, I appreciate that he may have needed to put up additional collateral when the yen strengthened, and I will also accept that Nissan did not suffer any financial loss as a result.

But these were personal financial instruments - he should have been appropriately hedged against this risk before entering into a multi-million multi-year contract.

@tinawatanabe - You can't be released simply for signing a confession or statement.  

Oh, yes you can! And, this is exactly why they keep extending his detention. The flight risk and destruction of evidence is just a convenient excuse for the Japanese injustice system to keep him locked up. He was told he would be released if he signed a confession and he would have to wait for his trial. For someone who is Japanese, you seem to know very little about the way Japanese injustice system works. You are guilty until proven innocent and if you confess you are released from detention and given a fairer trial after expressing remorse for your crimes.

Dear @kenjifujimori

No not even 1% right, on the face of it they thought they had a case, pure and simple

Whats with the people waiting outside... this is not Tokyo Disney... when we suffer from this corrupt system, they should have more confidence to protest this system, which is the best chance too.... for both Japanese and for foreigners, our Judicial system is CORRUPT!

It makes sense too, when foreign exchange rates change by the second.. and the US dollar can be unpredictable at times, so too as the Yen, though the emphasis in the court should also be led to the CFO and accountants, is the Judge a retard or something? even the head of HR, lawyers at the time of his job start, the job contract itself, which I would assume the robot judge saw.. but says nothing about.

Not sure about English teachers, though I do know that foreigners with high level positions in any fields, or folks working in Finance and IT, that foreigners can request to be paid in US dollars, especially if they were transferred to the Japan branch office..

I know some foreigners in Goldman Sachs in Roppongi here who get paid in US dollars and some in Apple Japan too. You just need to request it if you are a foreigner here.

He truly loves Japan, he stated the full facts, he reported how Nissan would be informed of every transaction and monitoring every transaction, he mentioned the very obvious about the Saudis, he stated how he is devoted to his job. See people, do not believe the fake news as I have been reiterating to everyone, only FACTS and LOGIC.

Read his books to figure his personality out: https://www.amazon.co.jp/%E3%82%AB%E3%83%AB%E3%83%AD%E3%82%B9%E3%83%BB%E3%82%B4%E3%83%BC%E3%83%B3/e/B004LT6MIU/ref=sr_ntt_srch_lnk_1?qid=1546934666&sr=8-1

He spoke from his heart and very professionally and intelligently. If he was a shady money hungry person, he would of lied and kicked up a storm.. but it is all logic, psychology at the end of the day and the truth, when analyzing a person and the facts of any salaries and contracts being signed.

The judge's comments are the type of blather that one reads and sees on TV in China when they hold their periodic kangaroos courts or, in the old days, when one would watch Soviet commisars in the Gulag blather away about enemies of the people. Japan is indeed regressing to the 30s and early 40s.

Exactly as I predicted, everything that was stated was correct. It is just up to 'justice' and the robot 'Judge' to know what HONEST justice is...

How could Nissan stop that.... oh, lock him up.

He had been pushing for a deeper tie-up between the pair, including potentially a full merger at the French government's urging

@christophersmith

Great statement, if this man is martyred more, white collar crime will rise not fall, because the case will be lost.

Besides, everything is audio recorded now.

Actually it's highly selective and incomplete.

Actually, it’s nothing more nor less than standard operating procedure for all court cases here. He is not being singled out for extra special nor extra bad treatment. 

It is. Again I am repeating myself. cf Olympus and Toshiba cases. And we are talking here about a man without any penal record being treated as a murderer. It's not because it's normal procedure here that it is acceptable. It's barbarian.

In the USA I’ve watched defendants being brought into court in shackles.

I don't see the point here. Who, when, what? I can also tell you as easily that I saw a flying pig yesterday, that does not make it true.

Here they use a rope around the waist, which was removed after arrival at court. 

Oh that makes it better then. Again he is not a murderer, he is an educated individual who happens to lead a company that its employing thousand of Japanese. If you can't understand that this is not a civilized way to treat a person, I can't help you. It's not because Japan does it that it is acceptable. Yes Japan does dumb things, accept it instead of trying to justify the impossible.

The sandals as opposed to normal shoes are to somewhat hinder anyone who tries to escape. 

Again that's not because they do it here that it makes sense. And escape where? He is handcuffed, surrounded by agents and tired. Don't be ridiculous.

And I wouldn't three rice-based meals per day to be inadequate food.

He clearly lost weight and according to his son, possibly 10 kg. How can you then call the food he received which is arguably very low in protein adequate? Plus, being kept isolated, with little time outside of his cell, obliged to sleep following certain strict rules, having limited access to shower is not what I call being treated well.

I think that the Japans judiciary has reverted back to the 1920's, 1930's.

But the police can lie and say you will be released if you sign the confession.

The police or prosecutors wouldn't lie like that. The confessions against suspects' intentions would change in court. Judges make decision based on what they heard in court.  Besides, everything is audio recorded now.

Educator - according to reports the whistle-blower is Hari Nada. He is Malaysian-British.

I understand they would want him to sign a confession in Japanese. If this is the case the as Strangerland has indicated it would be quite easy to misrepresent what is written on the confession.

At this point it seems the prosecutor is going to have to formally press charges and have a proper trial rather than try to extract a confession. If they are so confident of his guilt then just get on with it - why the fear of moving forward? This is what I find perplexing.

You can't be released simply for signing a confession or statement.  Every suspect signs a statement after you stated. The sign only indicates the statement was written correctly as a suspect stated.

He can't be made to sign anything. It is likely to be in Japanese anyway and even if in English, it would potentially contain statements that would unwittingly work against him.

If the authorities have sufficient evidence to convict then they should go ahead, but it sounds like they don't.

daito_hakToday 02:39 pm JST

I wholeheartedly agree with this post!

Foreigners have been oppressed and marginalized here for far too long. This case finally sheds light on some of the attitudes that foreigners are forced to contend with for the world to see. Not only foreigners, but Japanese themselves constantly suffer due to the barbaric and illogical attitudes that permeate J-society from the top down.

I truly hope that Ghosn does due to damage to this ridiculous guilty-until-proven-innocent legal system and challenges some of the social attitudes that allowed such a legal system to be cultivated in the first place.

Looking at the above picture and reading the judges comments, a 1960's song comes into my mind, entitled "A Puppet Theatre".

Contrary to the accusations made by the prosecutors, I never received any compensation from Nissan that was not disclosed, nor did I ever enter into any binding contract with Nissan to be paid a fixed amount that was not disclosed. Moreover, I understood that any draft proposals for post-retirement compensation were reviewed by internal and external lawyers, showing I had no intent to violate the law. For me, the test is the "death test": if I died today, could my heirs require Nissan to pay anything other than my retirement allowance? The answer is an unequivocal "No."

Game, set, match! The prosecuters should now be prosecuted for allowing their hubris to trample on this man's human rights. Free Ghosn!

Its alleged prosecutors told him that if he signed a confession his torment would be over and hinted also released. Obviously that's not going to happen, just a ruse to get a confession.

You can't be released simply for signing a confession or statement.

But the police can lie and say you will be released if you sign the confession.

Ghosn being told he would be released if he signed a confession.

You can't be released simply for signing a confession or statement.   Every suspect signs a statement after you stated.  The sign only indicates the statement was written correctly as a suspect stated.

And in the meanwhile Saikawa and his cohorts can destroy, alter and fabricate any evidence they want. What a shameful disgrace.

appeared thinner than before his arrest as he entered a court in handcuffs and a rope around his waist. He wore a suit without a tie, slippers, 

What a disgrace, what a disgrace. A man like him being treated as a psychopath murderer tied with a rope around his waist like an animal. What a disgrace Japan. And why can't they allow him to wear shoes instead of having to show up with slippers? What a shameful and orchestrated campaign of humiliation towards this man.

This country has a big issue. The issue is that it can be incredibly hostile towards foreigners whenever it wants to. None of the Japanese executives involved (and found guilty) in the bigger scandals at Olympus and Toshiba, or for the many other scandals at Japanese companies, slept a single night in a prison let alone they were humiliated like this. None! 

They were all protected, gracefully from a corrupted justice system and a corrupted country.

But here we are with a man who saved Nissan and created thousands of jobs in Japan finding himself in a country which operates like a mafia. Here we are witnessing a man trying to argue for his freedom with irrational and immoral people, a freedom which would have been granted to him already a log time ago from any country that truly has rule of law and respects human rights.

This event should serve as a lesson to all foreigners living, working and paying tax in this country, You are not treated equal. Period. I have been living in Japan for almost 17 years but this event has truly raised real questions on whether I should continue to contribute my talent, knowledge and work as a scientist and engineer to this country. It does not deserve it.

Judge says Ghosn being detained due to flight risk and possibility he may conceal evidence

After a month the prosecutors should have gathered all their evidence and, if they keep his passports he cannot leave Japan. It's just more malarky from the kangaroo court.

This is quite contradictory to Ghosn being told he would be released if he signed a confession. The Japanese courts just seem to make this crap up as they go to suit themselves. He should sign it and skip Japan to a non-extradition country. It seems pretty obvious this 'kangaroo court' is determined to push him and keep him in detention until signs the confession. The crazy thing is though, sooner or later they are going to run our of excuses to detain him and will have no choice than to let him out.

OK, maybe one man didn't SAVE Nissan but he did make some tough decisions and led it back to life. 

Also this judge is full of it.  Where is he going to run to?  how to hide?  what evidence destruction requires his personal attention?

Ghosn's statement was well worded, straight to the point and perfect for his ten minute spot.

Curious if prosecutors give a damn about the witness testimony (Khaled Al-Juffali) and other facts such as the approvals given by said financial departments.

The prosecution has nothing and they know it!

A captain does not steal from his crew to pay of personal bad debts.

He did not do that. You are not understanding what he is saying.

Yes. That would have been the CORRECT MORAL choice.

He did not do that. You are not understanding what he is saying.

Yes- EXCELLENT POINT!!!!\

No ridiculous point. When Japan needed him to save Nissan, no one was asking him to speak fluently Japanese. Plus, you would be the first one to ask that a text translated in Japanese would be provided to a Japanese if they would be in the same situation. So stop your hypocrisy.

So keeping him to prevent altering evidence but the evidence is left to his eventual rival that can do anything?

Beyond stupidity!

And he can fly in a suitcase or change identity just like this without paying the new tax!

Semper,

I suggest you read his statement. That will help you with some of the aspects of the story you are having difficulty with.

Very interesting. So he may have done nothing wrong at all.

"But my moral commitment to Nissan would not allow me to step down during that crucial time," he said. "A captain doesn't jump ship in the middle of a storm."

A captain does not steal from his crew to pay of personal bad debts.

Ghosn said he ( used Nissan collateral) to avoid the only other choice he had, which was to resign and use his retirement allowance for collateral.

Yes. That would have been the CORRECT MORAL choice.

Not unilaterally using his mandate as CEO to secretly move money thru a foreign subsidiary for his private investment losses

It is time that the Japanese side have to admit their bad mistake of arresting Carlos based on loose rules made by Nissan saikawa. Asking Carlos to sign a confession in Japanese is total nonsense.

Thanks for the info Christopher. I thought the death test defence was particularly interesting:

For me, the test is the "death test": if I died today, could my heirs require Nissan to pay anything other than my retirement allowance? The answer is an unequivocal "No."

Whistle-blower ???.Just name him, his name is saikawa or anyone that knows all the dealing all the time from 10 years ago. But the same story again and again. Either the prosecutors are non-English reading or uneducated , we have written many times that Carlos is too famous and outstanding and well-known to be a flight risk. Hide secrets ??? on his body ???in a cell room ???. Don't anybody think , that so car this had been a very childish case on the side of Nissan based on one man ego, vanity and greed for What Carlos have, at the expense of Nissan inc and tax payers time ???. this is not only disrespectful but an insult to all good people.

@Christopher Smith

Thank you for posting the link to his actual words. In fairness I believe Japan Today should post his statement as well as this website has been reporting extensively on Ghosn (including non verified accusations).

His explanations are interesting and it will be interesting to see how this plays out. I have no particular knowledge of his guilt or innocence and I still believe he is probably a bit greedy and over-compensated (including personal use of a jet, etc.) but these may be allowable under his employment agreement with Nissan.

In my opinion he did no damage at all to himself with his testimony although his explanation related to the FX Contracts may be troublesome (if it were any other posters here or I we would have been in deep you know what)

His statement makes the case more interesting.

Judge says he is being detained due to being a flight risk? Might destroy "possible" evidence Nissan didn't find in its secret investigation nor the month long investigation by prosecutors? Did the judge ever hear of confiscating Passports? Did he not see the rope? Going to hold him until a face saving solution presents itself. Don't think there is one now they have dug themselves in so deep. Isn't there a meeting about global justice being hosted by Japan next month? Now that's going to be hilarious.

Tony.

So you think language fluency is a must for someone working in another country?  Fact that he saved Nissan is not more important?

His actual statement which he read out in court is well worth reading if anyone is interested.

https://www.cnbc.com/2019/01/08/ousted-nissan-chairman-ghosns-full-statement-proclaiming-innoncence.html

"..as he entered a court in handcuffs and a rope around his waist..."

This is terribly wrong. There is no need for handcuffs and the rope, he is Ghosn, not Hossein.

Amid all this 'dog and pony show' malarky there has been no mention of an actual court date for his trial. They can't keep him on ice forever and the longer they detain him on frivolous charges the easier it is making it for his lawyers to have the case thrown out.

Dis,

In theory I agree BUT TIJ, prosecution & judges will have the FIX IN just like they do for thousands of Japanese WRONGLY jailed using false confessions!

What gets me is not enough Japanese are enraged about the god awful in-justice system that results in forced confessions in this country, like I have been saying for decades, its the dream of dictators worldwide!

Hell even when the odd wrongful imprisonment comes to light NOTHING IS DONE about those that KNOWING JAIL the innocent...…..it is off the charts evil!!

Its a pony show!

That's the whole point of his extended detention. They are hoping he will break and sign a confession regardless of guilt. I admire him for standing by his guns and expressing his innocence. The Japanese prosecutors will eventually run out of reasons to detain him.

Amid all this 'dog and pony show' malarky there has been no mention of an actual court date for his trial. They can't keep him on ice forever and the longer they detain him on frivolous charges the easier it is making it for his lawyers to have the case thrown out.

A rope around his waist!....a rope? There is a security measure that's saying a lot about the legal system. A rope? Why? Does he have the ability to float away?

@TonyW - he works for a global auto alliance with manufacturing operations in 20-odd different countries. He speaks 5 languages fluently. Regardless of what you think about his guilt/innocence, or the way he has been treated, I think we should probably excuse him for not being able to read a Japanese legal document sufficiently well to sign it.

Too much pre-judging going on here. At least he will have ten minutes to speak, which should be enough to state his position given that is merely a (sort of) preliminary hearing.

Ghosn's son said the prosecutors want him to sign a confession. The confession is written in Japanese but his son has said Ghosn can't speak Japanese. Also Ghosn has lost 10kg while in detention.

@RecklessToday Judges and prosecutors study and train together. There is no way a judge will derail this farce and make his brother prosecutors look bad. Precisely - been there tried that...

Man, I hope his son is right and he has something shocking to say. But then again, will anything he says be leaving court or not has to be seen.

Anyway this is a giant fiasco of the Japanese court system that a defendant cant even make his case and he is already being judged as guilty without any proof been shown to us yet.

Japanese prosecutors must make clear what charge(s) is(are) against Ghosn though there are many suspicions. Yes, he has the right to say anything but anything he can say and will be used against him in a court of law.

I agree with those above; this is a bad joke and looks like nothing more than a Prosecution team that got used by Nissan and are now in an awkward position.

I'm all for corrupt businessmen to serve time, but this whole detention routine is a farce.

I think if Goshn is cinvinced of his innocence and can prove it, he won't be saying much at all beyond stating he believes his innocence and will fight in court.. They would keep all their information for the trial, right?

Institutionalised corruption, a marvel to behold

Quickly becoming a banana republic type show trial. Can put him on trial, can't let him go. Just hold him and hope it all goes away.

Nothing will change unless Japanese company executives are dealt with in a reciprocal manner. France, the EU and the US should have long ago issued arrest warrants through Interpol for any present and former exexutives of Japanese companies operating internationally (Kobe Steel etc) and were involved in data falsification and fraud. Add manslaughter in the case of Takata airbags.

I predict nothing will change.

He'll have his 10 minutes and be told to stop, Japan will be seen as playing its part according to its own rules, he'll go back to jail and the farce will continue.

Drum roll.............