crime

Prosecutors appeal after court decides against extending detention of Ghosn, Kelly

63 Comments
By Kiyoshi Takenaka

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63 Comments
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Out for Christmas. Nice.

26 ( +31 / -5 )

Amazing what a bit of a spotlight and international attention can do ay. Merry Xmas!

23 ( +28 / -5 )

And I hope the court ruling will be in his favor, too!

Enjoy Christmas and the upcoming new year!!

14 ( +20 / -6 )

Change underway, Nissan's top management's ongoing dispute soars.

8 ( +11 / -3 )

Not surprising can anyone confirm if a Japanese Executive has ever been detained this long for non violent crime.

16 ( +23 / -7 )

I actually harbor little sympathy for Ghosn - you feed at that corporate trough and you'll catch the disease of greed - but it appears the court is reconsidering its decision. Make an example of Ghosn, and how many other dominoes will topple.

-19 ( +5 / -24 )

And the charge?

7 ( +10 / -3 )

Greg Kelly's medical needs might have been a factor.

4 ( +6 / -2 )

Great news! Now the real story starts!

12 ( +15 / -3 )

Brilliant, maybe now they can publicly speak their side of the story. Nissan and the prosecutors won't be too happy over the holidays either.

14 ( +18 / -4 )

I actually harbor little sympathy for Ghosn - you feed at that corporate trough and you'll catch the disease of greed -

This isn't about greed. It's about the law. Did he break the law or not?

Make an example of Ghosn, and how many other dominoes will topple.

Make an example of him, for what? If he broke any laws, then yes, making an example of him is fine. Necessary, even.

But you seem to want to "make an example of him" because you judge him as guilty of the "crime" of being greedy.

We're talking here about whether a man goes to prison or not. That's not the time to start injecting class-warfare into things. We don't put people in jail just because we get on our social-justice soapbox and start pronouncing them guilty of being greedy.

And what does "many other dominoes will topple" mean? Are we to now "go after" every CEO out there -- people who run major companies that employ millions of people and provide the goods and services that make our lives better -- because we see them as being "guilty" of having a lot of money?

14 ( +19 / -5 )

"They are very nervous about criticism of their approach toward detention. This is a typical case of such changing, I suppose," he said. "I think this case has a big impact and effect on the Japanese justice practice, and such a move is favorable for the defense side."

Key takeaway right there. I wouldn't doubt for a second that the government nudged them along as well. But the attention is unlikely to go away. Ghosn and Kelly are both eventually going to have an awful lot to say.

14 ( +16 / -2 )

For sure, the govt. is probably not happy that the world is looking on at this case and Ghosn becomes more sympathetic by the day. The fact that such an extension being rejected is rare would lead evidence to that. Everyone even remotely connected to this debacle, no matter what the country, has got to be really angry and I wouldn't be surprised if it's the Nissan execs who end up being "made an example of".

It was unclear whether prosecutors will appeal the decision. Shin Kukimoto, deputy prosecutor at the Tokyo District Public Prosecutors Office, said only that his office will respond"appropriately."

In other words "they told me not to even think about it or the next person I prosecute will be for stealing a bicycle!"

15 ( +16 / -1 )

How about arrest him, court the next day and jail him. Why should he be free?

-27 ( +2 / -29 )

Japanese “justice” system blinks first. EXCELLENT

20 ( +22 / -2 )

If they make it out and start telling their side of the story Saikawa and his cohorts will be sweating bullets.

Merry Christmas Carlos.

21 ( +23 / -2 )

International spotlight exposing Japanese ‘justice’ before the world’s eyes. Akin to hostage taking until you “admit” due to mental duress, exhaustion. NOT in anyway meeting international standards.

20 ( +22 / -2 )

The beginning of the end for the Japanese court system. You can bet there are hundreds of foreign journalists and correspondents lining up to blow the lid off the Japanese injustice system. This will be a foreign media frenzy!

They have run out of charges to hold them on and can't think of anything else to charge them with. As a result, they have to let them out. I reckon Ghosn could be on his way to Israel or France within a few hours of release on his mate's private jet from a dinky little airport in Japan's north-west.

15 ( +17 / -2 )

They kept Horie Takafumi in there for a few months so not without precedent. Ghosn not only rehabilitated Nissan but might also end up being be partly responsible for fairer treatment of suspects due to the huge international spotlight on this particular case. Let's hope so.

Not surprising can anyone confirm if a Japanese Executive has ever been detained this long for non violent crime.

13 ( +15 / -2 )

The Tokyo District Court should go back in time and throughout ever case that was due (directly or indirectly) to a force confession. For the international community in particular and the embassies in general (especially the USA and France) to allow this to go on for so long is completely shameful and a gross violation of human rights and international law. Hopefully, justice will be served and Ghosn and Kelly are being released simply because they have assets (Excuse my French).

16 ( +17 / -1 )

GoodlucktoyouToday 05:07 pm JST

How about arrest him, court the next day and jail him. Why should he be free?

Has he been charged with anything ?

12 ( +12 / -0 )

Japanese justice exposed to the world as an utter sham.

A change in the way prosecutors and judges are selected is required, then they can be replaced.

9 ( +9 / -0 )

Some of my wife's relatives believe this is Karma coming back to bite Ghosn.

Some of them lost their jobs at Nissan and at sub-contractors for Nissan when Ghosn was closing factories left, right and center. They bought a house with a loan 5 years before Ghosn came along. He initiated drastic cost-cutting measures everywhere within the company even until he was arrested. BUT he never took a page out of his own book when he flew around the world on a private Nissan paid jet to his holiday homes.

The worst was when he numerously flew to Beirut, the plane wouldn't stay at the airport because of security concerns, so the pilots flew to another country and waited until Ghosn called them to pick him up.

He was a hypocrite to his own cost cutting management policies!

-16 ( +2 / -18 )

Freedom for the Nissan 2!!!!  Japanese justice at its best.

Next we will maybe find Japanese corporate bungling at its best also.

1 ( +3 / -2 )

WiseOneIn KansaiToday 05:50 pm JST

[....]

He was a hypocrite to his own cost cutting management policies!

You've got quite a few stories like that, that one is not bad either:

http://www.asahi.com/ajw/articles/AJ201811270036.html

-2 ( +2 / -4 )

Nissan and the prosecutors won't be too happy over the holidays either.

oh man Ghosn is going to squeal like a piglet for the whole world to hear, Japans going to have a very large omlette on its face , hostage justice and all. LOL

Some of them lost their jobs at Nissan and at sub-contractors for Nissan when Ghosn was closing factories left, right and center.

yep and saved Nissan from bankruptcy and the other 150,000 Nissan jobs that would have been on the line. karma indeed.

18 ( +19 / -1 )

I hope he still gets his deferred compensation...  I don't see him going back to head Nissan.  Japanese companies frequently have poison-pill severance policies that strip it back in the case that the employee has caused reputational damage to the firm.

Someone mentioned a boycott... it will be interesting to see if sales fall off.

11 ( +11 / -0 )

This is a long way from resolution, prosecutors have not enough to charge him. Even after holding him in Medieval conditions. Now in their naive believe that releasing him will solve the situation....think they are in for a bracing introduction to a thing called "free press" where pertinent questions will be asked and a reply of "next question" will not suffice. Good practice for the Olympics when the whole worlds press will be asking awkward questions about this and that.

11 ( +12 / -1 )

Someone mentioned a boycott... it will be interesting to see if sales fall off.

I for one will think twice about buying Japanese again, (or anything from a Japanese owned company) Why should I spend my hard earned money to support a country with such a disgusting legal system?

I don't like Pearl Hatbour tactics either.

I would suggest that Japans Head of State initiate a massive review into the judiciary and legal system.

3 ( +9 / -6 )

Now there's the other 20,000 + people being held indefinitely until they confess? Or is there actual evidence?

7 ( +8 / -1 )

This is excellent news! I suspect the other high profile case of Ms Meng Wanzhou in Canada could have also influenced the decision of the court. This is indeed good news for the justice system in Japan.

4 ( +7 / -3 )

Ghosn and Kelly are both eventually going to have an awful lot to say.

Ohhh yes!

@Cricky - hell yeah!

"Hi, I'm from the free world and I have some questions about the case..."

Much egg on Japan's face due to their archaic ideas of 'justice'.

11 ( +13 / -2 )

Japan, welcome to the 21st century of criminal justice proceedings. It certainly took you long enough!

13 ( +16 / -3 )

A true burden for the company, so he should just take a looong holiday.

I am sure his bank account can take that.

-6 ( +0 / -6 )

Omachi

Today  06:08 pm JST

Someone mentioned a boycott... it will be interesting to see if sales fall off.

There is no need to boycott Nissan.

Nissan under Ghosn regime already did a fine job of shedding Its stellar reputation for durability, reliability and lastly performance amongst car otaku through le-cost killer meme.

-14 ( +0 / -14 )

AMAZING what good old fashioned Gaiatsu can do!!

It always amazes me how Japan lets itself get shamed/embarrassed in the worlds eye's before reacting...…...almost always too late!

Ask the Nissan two talking if released I wouldn't expect to hear much of anything from them in the short term other than thanking their families etc & being out for the holidays etc

4 ( +5 / -1 )

The prosecutors office have to release Carlos & Kerry , They have to set bail money for his release.The world's human rights group are watching this case. This case means a signal for , more investment from the world or Japan lives in their own unfair ways and lose as much as 80% investments from the world. Japan have to learn to treat people other than Japanese as humans especially, those people that still love their country and do not read or write Japanese. It is 2 days before Christmas and if a ma,n like Carlos have lost so much after He saved, Nissan. Mitsubishi and many workers in these companies. The prosecutors can make sure, Carlos will go no where. Carlos cannot run away, he is too well-known. A flight to Rio, a flight to Renault, it is saikawa's personal money ???. I saw his car, I am sure the class, he was flying. He is wasting time , with back-stabbing attitudes. No good moral Japanese will stand for this. Who do U think ???. did all he could. I guarantee not saikawa. If anyone that have a correct mind will do the right way business or otherwise.

7 ( +9 / -2 )

Renault has so far not replaced Ghosn as head of the French carmaker, saying Ghosn's compensation had been in compliance with law and governance guidelines.

Documents seen by Reuters showed that executives at both Nissan and Renault were involved in discussions about compensating Ghosn out of the public eye.

So Nissan was crying crocodile tears all along as we suspected, and wanted to use this to oust him even though it wasn't a problem in France. Should lead to Saikawa's removal.

8 ( +10 / -2 )

The more you like, appreciate, and respect Japan as a people, country, and civilization,

the more likely you are to appreciate the decision of the Tokyo court.

-10 ( +1 / -11 )

Ghosn's going to write a book about this and make more millions.

6 ( +6 / -0 )

"They are very nervous about criticism of their approach toward detention. This is a typical case of such changing, I suppose," he said. "I think this case has a big impact and effect on the Japanese justice practice, and such a move is favorable for the defense side."

Democracy is slow, Prosecutors should read the constitution..

3 ( +5 / -2 )

You hire this guy as your CEO.

His not even Japanese.

Next time hire someone from Africa.

-8 ( +1 / -9 )

I notice that some readers think or expect that Ghosn will give a press conference or make public statement when he is bailed out. That is the worst thing he could do. If his lawyer is smart, he will advise Ghosn to make no public statements and keep a low profile, and especially say nothing about the detention process. The lawyer should then say something like "Mr Ghosn and Mr Kelly deny the allegations against them and look forward to proving their innocence in court."

Their passports will almost certainly be confiscated so Ghosn and Kelly will be staying in Japan for the foreseeable future. When they go out in public, I hope they can resist the temptation to talk to media.

The case will drop out of the news until the trial.

But it is also important that the public and Japan Today readers keep an open mind on the question of guilt or innocence. I'm not a member of the Japan Today Ghosn supporters' club, but nor do I think he is guilty. I am willing to wait until the trial, if there is one.

4 ( +7 / -3 )

A Nissan spokesman declined to comment on

No need to comment, Ghosn can speak for himself and for Nissan by tomorrow and days after.

1 ( +2 / -1 )

The more you like, appreciate, and respect Japan as a people, country, and civilization, the more likely you are to appreciate the decision of the Tokyo court.

Well, I hope so HShigoto, because right now, the more I see of the Japanese courts, judiciary, and legal system the more disturbing it gets.

But, yes, it is to be appreciated that there are actually judges in Japan who are behaving like judges, and not just rubber stampers.

Massive change is required. More massive than anything ever seen in post war Japan.

I think that the damage is already done, but better late than never.

It may interest you to know HShigoto that one of my closest, most trusted, most valued timeless friends in this world is Japanese.

5 ( +5 / -0 )

@smartacus, I agree with most of what you said. The only part I disagree with is your mention of his passport. If they confiscate it, he won't need it to take a private jet back to France or Lebanon, neither of which has an extradition treaty with Japan.

0 ( +1 / -1 )

TrevorPeace

I don't believe Ghosn could leave Japan in a private jet from any airport. Where would he get the jet from? And the jet has to file a flight plan with aviation authorities who would be on the alert. Furthermore, if he did manage to get out of the country, he would become an international fugitive and have to go into hiding, which would be difficult for someone used to a lavish lifestyle.

He would most certainly lose any sympathy. Japan could seek Interpol's help in freezing his financial and other assets.

Also, I do not believe France, Lebanon or Brazil, for that matter, would shield him.

No, I still think he must face the charges in court. If he innocent, good. Then he can hold as many press conferences as he likes. If he is found guilty, my feeling is he will get a suspended sentence and a massive fine.

0 ( +0 / -0 )

It's amazing that the top news is that someone might be granted bail. The prosecutors claim that evidence will be destroyed, but they cannot say what that evidence is. If they know there is evidence of a crime why haven't they seized it already?

4 ( +4 / -0 )

When Ghosn is out. he may escape from Japan secretly somehow before the trial starts when he felt he loses it.

-4 ( +1 / -5 )

Nissan... It's Pay back time. Your out-dated Corporate game plays are clear to all, and now, it's time to reap what you've sown. The Nissan executive board has to resign immediately enmasse in order to save the Company.

5 ( +6 / -1 )

Court and justice are two different things.

-1 ( +2 / -3 )

Ghosn is bailed by 1 billion yen out of detention center but he will be still under house arrest 24 hrs until and during the trial. Policemen are always at the door and at back door. His leg may have GPS device. He would be very sick about it.

-4 ( +1 / -5 )

The request for further detention having been denied will not bode well for Nissan, Mr Goshn will not run he has no reason. He can run Renault right here in Japan while he awaits trial, as for public statements I would expect a standard scripted no comment about his arrest and detention.

Interesting times loom on the horizon, not only for Nissan, but the Japanese justice system, if anything this case has brought Japan scathing attention worldwide, more than the government of Japan needed with the Olympics in 20 months time.

If Carlos is found innocent the Nissan brand will take a very hard hit and may not survive the coming purge, and an embarrassing black eye for the Japanese people on the global stage.

7 ( +7 / -0 )

The more you like, appreciate, and respect Japan as a people, country, and civilization,

the more likely you are to appreciate the decision of the Tokyo court.

so forcing a confession from people even when they know they are innocent all the while under continued stress wondering if they'll only be released if they give a false confession!?

Sorry this is 2018 , Japan is a so called democracy people are meant to have freedom of thought and speech in a modern democracy, its difficult to appreciate and respect a person who willing let others in trample on their human rights and not fight for their innocence especially if they are sure theyve done nothing wrong.

5 ( +5 / -0 )

The more you like, appreciate, and respect Japan as a people, country, and civilization,

the more likely you are to appreciate the decision of the Tokyo court

Given the hard conditions of detention the decision of Tokyo court after near a month of strong mental pressure on the detainees, the decision of Tokyo court ending such detention, although late, is fair.

1 ( +1 / -0 )

Given the hard conditions of detention the decision of Tokyo court after near a month of strong mental pressure on the detainees, the decision of Tokyo court ending such detention, although late, is fair.

HShigoto.Do you still not get it. In Japan a person is presumed innocent until proven guilty. Keeping people who may be innocent, in fact, not even charged, in such conditions, without an attorney, is classed as breach of human rights at best, torture at worst.

And yes, there is a question of racism.

Many years ago a gai kensatsu (prosecutor who deals with foriegners arrested) told me that he was in charge of allied prisioners during WW2. There is something disturbing about that. I felt that at the time.

4 ( +4 / -0 )

HShigoto. Keeping people who may be innocent, in fact, not even charged, in such conditions, without an attorney, is classed as breach of human rights at best, torture at worst .

Ex_Res is totally right.

Of course, in any normal judicial system, any accused is "presumed innocent until proven guilty".

Therefore, for anyone who really appreciates Japan and for many people (especially for those who did not know Japan's judicial system), it was shocking to discover the strange conditions of detention in Japan.

As this is contrary to the United Nations definition of human rights, the image of Japan in the minds of many people could have been really changed (negatively).

Now, in the short term, ending such a terrible detention is a step forward in the hope of a long-term evolution of the current Japanese detention system.

Of course, the small step invoked is far to be enough, but remains a positive action while waiting (how long? No body knows it) a real evolution of the Japanese detention system.

1 ( +1 / -0 )

HShigoto

The police and prosecutor seem to be violating Artical 34 of Japans own constitution if right to a lawyer is being refused.

4 ( +4 / -0 )

Anyone know the statutory penalty (maximum years of inprisonment and maximum financial fine) for the charge he faces?

I sense he will be found guilty, as not would be a very serious blow to the system.

1 ( +1 / -0 )

To use the law for a boardroom matter is bad, but when that means police cell interrogation, you risk long term reputational harm, in other words the goodwill of Nissan brand is damaged, a bit like whale killing, the country risks losing its charm.

2 ( +2 / -0 )

the country risks losing its charm.

I am glad to see these hidden atrocities in the Japanese system along with others in the school system, airlines , etc are reaching the international community. People internationally are surprised when I mention the lack of goodwill between people and government for those who live here. Hopefully this negative notoriety will embarrass Japan into making some changes. It seems it already has. I look forward to seeing Ghosen's press conference.

2 ( +2 / -0 )

Wait til Ghosn and Kelly file their lawsuit. Ghosn and Kelly will end up owning Nissan. All of Nissan's employees in Japan can thank Saikawa.

2 ( +2 / -0 )

The more you like, appreciate, and respect Japan as a people, country, and civilization, the more likely you are to appreciate the decision of the Tokyo court.

To like Japan doesn't mean to have to love the hogwash.

1 ( +1 / -0 )

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