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Prosecutors raid Tokyo office of Ghosn's Japanese lawyer

105 Comments
By YURI KAGEYAMA

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105 Comments

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@zones - sorry sort reply....Diplomatic reasons

1 ( +1 / -0 )

Readers, from here on, please discuss the press conference on the top story.

This is the CNBC feed on Youtube.

https://www.youtube.com/watch?v=I4KH7_TwV0M

0 ( +0 / -0 )

JT just posted a separate article about the press conference.

0 ( +0 / -0 )

https://www.marketwatch.com/story/watch-carlos-ghosn-press-conference-in-his-first-public-appearance-since-escaping-japan-2020-01-08

Live now.

0 ( +0 / -0 )

@Tokyo-Engr,

I wish he would have named the Japanese politicians involved but he explained very well why he did not and I can respect that.

I just started watching the feed and missed that. What was his explanation?

0 ( +0 / -0 )

I am watching You Tube and the Japanese BS channel simultaneously now. For some reason the BS channel decided not to continue with the broadcast of Ghosn.

It is very easy to see why. Especially when he can project signed documents on the screen.

I wish he would have named the Japanese politicians involved but he explained very well why he did not and I can respect that.

Wonder what else is coming (after 52 minutes it seems he has much more to come)

4 ( +4 / -0 )

@Ah_so, Yes indeed. This is GREAT. He's unleashed!

2 ( +2 / -0 )

London_bhoy

From The Guardian Live Feed:

Ghosn: Plot was like Pearl Harbor

In a highly provocative, and distasteful move, Ghosn is comparing this alleged plot to remove him to the Pearl Harbor attacks!

He says his friends have asked how he didn’t notice he was being set up -- and he reminds them how the Japanese air force caught the Americans by surprise in 1941.

That is going to cause fury in Japan, we suspect.

> No. He was merely using it as an example to show that just like the Americans didn't expect the attack, he didn't see this coming.

2 ( +2 / -0 )

The press conference is in action - Ghosn is pummelling the prosecutor and Nissan executive.

4 ( +4 / -0 )

I'm LOVING this press conference. This was a long time coming. Whether it was through this Ghosn case or not, it was about time that the rest of the world saw what Japan's legal system truly is about!

4 ( +4 / -0 )

From The Guardian Live Feed:

Ghosn: Plot was like Pearl Harbor

In a highly provocative, and distasteful move, Ghosn is comparing this alleged plot to remove him to the Pearl Harbor attacks!

He says his friends have asked how he didn’t notice he was being set up -- and he reminds them how the Japanese air force caught the Americans by surprise in 1941.

That is going to cause fury in Japan, we suspect.

-4 ( +0 / -4 )

By the way, the public have decided their views, Nissan share prices are dropping , sales are dropping.What else does anyone need ???. Pls wake up.

0 ( +1 / -1 )

Wow, now Carlos lawyers, how far is this manga going to get ???. It is time, Mr Hironaka name names. Pls try hard , Mr Hironaka.

0 ( +1 / -1 )

Ghosn says “lawyer company” to mean a law firm.

1 ( +2 / -1 )

Damn! He's not going to mention names in the government.

3 ( +3 / -0 )

CEOB55 Can't get your link to work. This one works:

https://www.youtube.com/watch?v=KOPrXxI8lzc

2 ( +2 / -0 )

He says the charges against him are baseless. He's pissed that he has been unable to give his side of the story until now.

3 ( +3 / -0 )

By guaranteeing bail for someone does not make you a criminal accomplice.

Accomplice is not the word. You have a responsibility. If you accept to be a guarantor for someone renting a flat and he/she does not pay the rent and/or trashes the place, justice can come to you to cover the losses...

They know nothing about Ghosn flight.

That's something we don't know. They wouldn't be the first not the last lawyers to have crossed the line to help a client...

0 ( +0 / -0 )

Here is the link:

https://youtu.be/GlYn3RDfDJE

0 ( +0 / -0 )

I'm watching his press conference now. He claims that the prosecutors said:

"If You Just Confess It Will Be Over Quick... If You Dont, We Will Not Only Go After You, But After Your Family As Well"

Woow!

7 ( +7 / -0 )

But then, Dai Yiu-Ting (law professor) thought he was pretty safe, and they bagged him for "inciting to incite..." Westerners criticize Japanese for not understanding the flaws of their system, but the same can often be said of them. Westerners also have a pretty idealistic view of the common law. Usually the nastiness is covered up by prosecutorial discretion

Are you kidding? He was arrested in Hong Kong for fomenting dissent against Beijing, that is hardly representative of how the common law system works in English speaking jurisdictions.

First, the precedent has already been set that the 人 in Article 230 includes legal persons (institutions).

You are misunderstanding that. A legal person, 法人, has to be an incorporated entity with legal personality. The judicial system isn’t one.

Second, an institution is no more than a collective of individuals.

Not in legal terms. To sue or be sued, you need to be an entity with legal personality, not just a collection of individuals.

Third, even if it must be an individual(s) as in natural person(s), there is one - the judge(s) that are processing his case. After all, what really matters for Ghosn is not the institution, but whoever is handling his case.

The critique isn’t against one judge, its against the overall system.

Here's the problem. The difference between an "opinion" and an "allegation of fact" is extremely thin:

"Unfortunately, criminal defendants cannot expect fair trial in this country. Judges are not independent."

http://shingetsunewsagency.com/2020/01/05/ghosn-lawyer-takashi-takano-on-japans-legal-injustice/

Did he just allege facts or state opinion? Speaking fairly, he alleged facts, and from a viewpoint of protecting the reputation of the "slammed", there is not much point in making a differentiation. Or do you think immunity can be achieved just by tacking on "I think" to every derogatory sentence?

Yup, the line between them is blurry. But if we bar all criticism of this sort against public institutions you are putting an incredible constraint on freedom of speech. That might fly in Hong Kong under mainland Chinese control, but is completely incompatible with a functioning democracy.

1 ( +1 / -0 )

It is now live on YouTube: https://www.youtube.com/watch?v=_vk0VL4-O0k

0 ( +0 / -0 )

My question is why don’t they fight face to face? Whatever happened to Bushido? Tire slashing and all that nemawashi.

That Bushido only applies to the Yamato race, not gaijin

a usual "wrong" anywhere else, can suddenly get the bushido wash, and become a "right" when applied to gaijin. Been there done that.

0 ( +0 / -0 )

@Kobe

its gonna be on YouTube (in 88 minutes)

just do a search and link will come.

4 ( +4 / -0 )

Leave his defense attorneys alone haba, what's wrong with Japan? His defense attorneys were doing their job. They know nothing about Ghosn flight. By guaranteeing bail for someone does not make you a criminal accomplice.

2 ( +4 / -2 )

Anytime you mix foreigners and Japanese together, there is going to be Japanese shenanigans.

My question is why don’t they fight face to face? Whatever happened to Bushido? Tire slashing and all that nemawashi.

0 ( +1 / -1 )

seems my suspicion is proving itself to be a reality, day by day. Still not solid if he has some serious dirt on the gov and others, but it sure is looking that way. If so, Ghosn must be delighted watching them in panic mode.

Where theres fire, theres smoke, and Ghosn might of done some crimes, but I am convinced he did not do it alone. Anytime you mix foreigners and Japanese together, there is going to be Japanese shenanigans.

3 ( +3 / -0 )

"What his lawyer guaranteed is totally irrelevant because he was required to do so by a corrupted and primitive justice system."

Said by someone who clearly lacks any sort of legal knowledge or understanding.

The Solicitor gave an Undertaking, the breach of which is VERY SERIOUS. The Law Society of England and Wales would in all probability have this Solicitor struck off.

Solicitors/Firms have been held accountable to Undertakings given by "simple" ward clerks.

Trust me on this, I KNOW what I'm talking about; and I did not learn this on Wiki either.

Lack of knowledge and "authoritative" statements touted by those without legal knowledge should be avoided, under pain of sounding ridiculous.

"A solicitor’s undertaking is not just an enforceable agreement, it is something the breach of which can give rise to professional regulatory sanctions. Despite this, many solicitors do not realise how easily they can arise and how failing to monitor undertakings given by others within the firm can give rise to problems for the firm as a whole."

"Failure to comply with an undertaking will not only render the defaulting solicitor liable to court sanctions but is also likely to be seen as professional misconduct and could result in the solicitor, or partners/members in the firm, appearing before the Solicitors' Disciplinary Tribunal."

https://www.lawyersdefencegroup.org.uk/giving-an-undertaking/

People talking about "patient/lawyer" confidentiality, clearly don't know that confidentiality can be trumped by disclosure in the "public interest".

Prosecutors can "persuade", even compel the Solicitor to "sing just like a canary" if they so which.

Lastly, some soul, on this same forum (forgot his name) has already pointed out that there are 2 competing legal systems at play; Common Law and Civil System of Law.

Apparently, JT "legal experts" , don't know that, as they want to hold Japan to precepts of a Legal System foreign to their own.

2 ( +3 / -1 )

Anyone know where to watch the speech online (10pm) ive been seaching but cant find who is going to cover it/upload to youtube.?

2 ( +2 / -0 )

@rainydayToday 05:40 pm JST

I said "one" of the reasons, and the main point is to point out how stupid Takano is for putting that up.

Merely telling someone they won't get a fair trial wouldn't get you charged with anything in a common law country.

Ordinarily, they won't choose to. But then, Dai Yiu-Ting (law professor) thought he was pretty safe, and they bagged him for "inciting to incite..." Westerners criticize Japanese for not understanding the flaws of their system, but the same can often be said of them. Westerners also have a pretty idealistic view of the common law. Usually the nastiness is covered up by prosecutorial discretion. The limits when they "want" to get you is another story.

First, to be actionable in defamation the statement has to be made in reference to a specific person rather than to an institution like "the judiciary". He is criticizing systemic problems,

Three problems:

First, the precedent has already been set that the 人 in Article 230 includes legal persons (institutions).

Second, an institution is no more than a collective of individuals.

Third, even if it must be an individual(s) as in natural person(s), there is one - the judge(s) that are processing his case. After all, what really matters for Ghosn is not the institution, but whoever is handling his case.

mere statements of opinion like that aren't something you can sue for in defamation either, you have to be making an allegation of fact which is not truthful

Here's the problem. The difference between an "opinion" and an "allegation of fact" is extremely thin:

"Unfortunately, criminal defendants cannot expect fair trial in this country. Judges are not independent."

http://shingetsunewsagency.com/2020/01/05/ghosn-lawyer-takashi-takano-on-japans-legal-injustice/

Did he just allege facts or state opinion? Speaking fairly, he alleged facts, and from a viewpoint of protecting the reputation of the "slammed", there is not much point in making a differentiation. Or do you think immunity can be achieved just by tacking on "I think" to every derogatory sentence?

-3 ( +3 / -6 )

First, his showing sympathy increases suspicion that he has aided in Ghosn's escape in some way, and if they found that he assisted even in the slightest way, that would qualify him as an aider (accessory).

The owner of the Yakitori restaurant took a picture with Ghosn on the 27th of December, the last time he visited. I am pretty sure he helped Ghosn escaped in some way.

Takano smiled at Ghosn and gave him hope in humanity, enough hope to carry out his escape. Definitely an accessory.

1 ( +2 / -1 )

Kazuaki Shimazaki:

I am not a lawyer and I will not pretend to have any knowledge in legal jurisprudence. What I know is that lawyers can criticize the legal system. It is done all over the world,except if that country does not practice democracy. How are you supposed to improve on your legal system if dissent or criticism is not allowed? Even judgement by the supreme court can be criticized. What cannot be done is to bring the whole legal system into disrepute. If the lawyer you refer to has said anything derogatory,that is a different matter but if he has impugned the integrity of anyone without incontrovertible evidence ,that person so affected has the right to sue. When I read his statement, I did not find anything close to what you claim he did. He criticized the system and not an individual or did not purport to malign anyone.

Your assertion that he showed sympathy towards his client is tantamount to him being complicit lacks merit with all due respect. He represents a client and works for his interest. Did you expect him to be sympathetic to the prosecutors? He started his article by criticizing his client and expressing his regret but continued by saying he understood why he did so. Then he took on the system. Lawyers have always been complaining about the system and these lawyers by Ghosn as I have followed have been at the forefront of this crusade. How then can you conclude that they are aided and abetted a crime? You who has rushed to reach this conclusion is the one liable for a suit here if they are reading. Becareful.

He wrote an article and it must be treated as such. Your conclusions lack basis and so your issues are dismissed and struck out. Court rise.

1 ( +4 / -3 )

If they in fact raided the office and seized documents used by Ghosn's lawyers or anything related to the defense, this means the end of the Japanese legal system promulgated after WWII and the end of the attorney/client and work product privileges. The three large Japanese Bar Associations and foreign lawyers should be marching in front of the MOJ and demanding the disbarment of Mori and all of the prosecutors involved in this case. Ghosn's lawyers should immediately file criminal complaints against the prosecutors. Perhaps additional justice would be the Lebanese government issuing arrest warrants for all of the Tokyo prosecutors. That would be fun!

1 ( +2 / -1 )

. And you are by the way admitting the racist behavior of Japan which does not give easily bail to foreigners.

Seriously a 4.5 Billion yen bail that is now up to the Ghosn lawyers to pay until a bounty hunter can bring him back, good luck with that.

2 ( +3 / -1 )

Folks, the prosecutors were turned away by the lawyers and refused entry into the office citing Article 105 of the Criminal Procedure code. What next for prosecutors? This is getting interesting and messy at the same time.Like I said, Nissan back off from this. The company has everything to lose in this saga. Ghosn is 65 and has nothing to loose except his jet flying life. He would continue to live in luxury in Lebanon but your share price is falling. Get away from this unending negative press.

2 ( +3 / -1 )

manga even....

-1 ( +1 / -2 )

Man these"prosecutors" are just a joke, pathetic, the lowest of the low. Someone should make a comedy maga about these pathetic" prosecutors".

3 ( +5 / -2 )

The whole spat with Takano makes me wonder if one reason for the 99% conviction rate is just that the defense lawyers are incompetent.

No, the reason is mainly what wanderlust says. Prosecutors have a wide discretion to decline to prosecute suspects (found in article 248 of the Code of Criminal Procedure) and exercise this about 2/3 of the time. Even that is an understatement since they exercise this after the suspect has been arrested and interrogated for up to 23 days, prior to which many other suspects are also released. Its only the cases where prosecutors are near 100% confident of conviction that they proceed with prosecutions.

This is one reason why despite that 99% conviction rate the prison population in Japan is so low, even compared to European countries.

As an aside just going on what he admitted to saying, he should be thankful that Japan doesn't use common law because there he could be said to have incited or encouraged Ghosn's escape by telling him he won't get a fair trial. That's already sufficient for a crime if they want to go after him.

Merely telling someone they won't get a fair trial wouldn't get you charged with anything in a common law country.

Second, the statement also qualifies him as a principal for either insult or defamation of the Japanese judiciary. There is no doubt his statement was derogatory to their honor and reputation and if the first time he said it it was in private and under privilege, the second time he repeated it all over the world.

No it doesn't. First, to be actionable in defamation the statement has to be made in reference to a specific person rather than to an institution like "the judiciary". He is criticizing systemic problems, not making allegations against a specific judge or prosecutor. Second , mere statements of opinion like that aren't something you can sue for in defamation either, you have to be making an allegation of fact which is not truthful.

4 ( +4 / -0 )

My next vehicle purchase certainly won't be a Nissan.

9 ( +11 / -2 )

They didn't bungle Ghosn's escape. He was given bail with conditions but jumped bail and escaped the country just like in many other countries, America for instance. The only blame can be giving him bail in the first place. He has made it more difficult for the next foreigner to get bail.

Really? They set up cameras but only checked them once a month, had no one monitoring his movements, allowed him to leave, on his own, and get on a shinkansen and leave the country?

You AGAIN make a comparison to America, so where was his ankle bracelet? He even offered to wear one? Why allow him to keep a passport? He was in Japan so there was no need for it, as he wasnt going anywhere right?

The prosecutors wanted no bail BECAUSE of the flight risk, yet they leave him the one document he needs?

The prosecutors are charged with keeping tabs on him, and they failed miserably in their jobs and are now running around trying to find someone else to take the blame off of them!

2 ( +4 / -2 )

@Kazuaki Shimazaki

Japan's 99% conviction rate is only for cases that go to trial. Around 66% of cases do not go to trial as the prosecutors are not completely sure that they will get a guilty verdict. And a not guilty verdict is a career destroyer and opportunity to work in a small court in the provinces.

Others have written how the prosecutors do not have to hand over their evidence, and severely limit what the defence lawyers can actually do,

2 ( +3 / -1 )

According to Mainichi news: "In terms of lawyers' confidentiality, we used the right to refuse seizure based on criminal procedure law, and asked (the investigators) to leave," the defense team said in a statement.

Investigators of the Tokyo District Public Prosecutors Office visited the office of Junichiro Hironaka, a member of Ghosn's defense team, following his refusal to voluntarily submit the personal computer that Ghosn used there. But the lawyer did not allow them to enter the office.

5 ( +5 / -0 )

Japanese media reports said prosecutors had likely seized the computer to track down how Ghosn escaped and who might have helped him.

And attorney-client privilege has just gone out the window.

4 ( +6 / -2 )

nobody wants to buy their ugly cars any more.

You must misunderstand something. Nissan good engineers and workers are making good cars. CEOs don't make.

-4 ( +2 / -6 )

The whole spat with Takano makes me wonder if one reason for the 99% conviction rate is just that the defense lawyers are incompetent. It is said that due to the training of Japanese legal professionals (emphasis on theory), they are not very good at advocacy. Whatever his talents at that area, Takano is clearly weak in substantive criminal law theory, an area they should be strong at.

First, his showing sympathy increases suspicion that he has aided in Ghosn's escape in some way, and if they found that he assisted even in the slightest way, that would qualify him as an aider (accessory).

As an aside just going on what he admitted to saying, he should be thankful that Japan doesn't use common law because there he could be said to have incited or encouraged Ghosn's escape by telling him he won't get a fair trial. That's already sufficient for a crime if they want to go after him. As for the whole attorney-client privilege, well, Takano published it first, did he? So much for any of that.

Second, the statement also qualifies him as a principal for either insult or defamation of the Japanese judiciary. There is no doubt his statement was derogatory to their honor and reputation and if the first time he said it it was in private and under privilege, the second time he repeated it all over the world. He would not be able to prove either truth or public interest, and even less so to the satisfaction of the court. Justification would require both - with none, he is doomed in a substantive law sense.

Basically, Takano left himself wide open and it is up to the prosecutors to decide whether to take it or not. Sure, the world would scream but the world is fact insensitive on this matter so they might as well go for the deterrence effect. It's obvious most of them don't have the slightest training in criminal law anyway.

So of course he is being searched. A lawyer badge doesn't mean unlimited immunity.

-8 ( +2 / -10 )

Also I forgot to add to my earlier comment that this raid was conveniently timed before Ghost's press conference today, maybe those concerned wanted a heads up, to see what might be revealed in his press conference and not, to find out how Ghosn jumped bail. I will reserve my own conclusion until after the Ghosn press conference later today.

5 ( +7 / -2 )

@daito_hak - great set of posts from you today.

5 ( +8 / -3 )

Ghosn was cleverer than the Japanese.

He escaped their ludicrous and backward legal system that would never allow him a fair trial.

I say good luck to him.

Nissan is finished... nobody wants to buy their ugly cars any more.

They played dirty and it exploded in their faces.

At least the world can see clearly how biased, unfair and corrupt the Japanese system is.

8 ( +11 / -3 )

By raiding the defense lawyers office and removing computers , the prosecutors will now have all the defense teams information regarding Ghosn's and his teams defense and legal arguments. So how is this allowed by law and who authorized this action, it certain takes away any chance of Ghosn ever getting a fair trial, if he was ever to return to Japan voluntarily or otherwise. This does not reflect well on Japans legal system, especially as it it coming under scrutiny from so many places around the world.

12 ( +14 / -2 )

"What Prosecutors were unaware of is that the files they had been expecting and eyeing carefully had already got up and walked out of the office in plain daylight"

4 ( +6 / -2 )

Is this Communist China? O sorry.... this is Japan 2020.

Hard to tell the difference..Japan's Justice System has truly lost it. And I do hope Carlos gives it the KO. This is beyond disgusting. But this is pure panic on their part cause what they are doing is just not natural. So whatever Carlos has, it must be good.

9 ( +10 / -1 )

Scraping the barrel now!

By the way, shouldn’t a raid on an office be carried out by police investigators and not by disgruntled lawyers? Im curious if their search and seizure would be legal without police investigators and a warrant.

10 ( +11 / -1 )

He has made it more difficult for the next foreigner to get bail.

which is very rare anyways oand mostly only done with people that can afford the lawyers and huge bail monies

Should I really care about a rich guy caught with his hand in the cookie jar? Workers lost their jobs with hi cutbacks.

worker lost their jobs so Nissan wouldn't go bankrupt to save everybody else job. If you want to point blame point it the previous Japanese executive that put Nissan in that position and couldn't make the hard decisions , that wasn't of Ghosn making , but he did save them. there fixed that for you.

10 ( +11 / -1 )

Just Because They’re Out to Get You Doesn’t Mean You’re Not a Criminal

Again flawed article full of non sense from the start because it fails to mention the case of Saikawa.

7 ( +9 / -2 )

 But you don't get to try and censor what I want to say and post.

I am not censoring you, I am asking you to stop declaring someone de facto guilty because apparently being rich for you necessarily means that he is a criminal. This is silly thinking let me tell you that.

So you think its nonsense that the majority of detained foreigners don't get bail and remain in detention centers and prisons while they wait for the trial or deportations.

No you are not reading properly. I am precisely saying that Japanese justice system is a disgrace. So I am telling you to stop blaming Ghosn for it. It's ridiculous.

I haven't seen the evidence of Ghosn's crime but then again nor have you. 

Yes I did not, and you know what, Ghosn and his layers themselves did not see any evidence either. So if you didn't see any evidence, don't presume of his guiltiness.

But he wouldn't be the first CEO of a major company to have his hand in the cookie jar.

That's not a rational argument to judge of the innocence of someone, being a CEO or not. Rule of law does not consider the status of someone for judgement.

If the Japanese justice system is corrupt then its corrupt for all people not just Ghosn. If the system is so corrupt why are less people imprisoned than say in a country like America.

America is totally irrelevant here. I don't think you understand the word corruption. It's precisely corrupted because it treats people in a different way if they have the power and the connection with the Japanese government and oligarchy. If they do, they escape it and never get judged for their crimes. Saikawa (for who you did not provide a reply), the executives at Toshiba, Tepco, Chubu Electric Power, Japanese Post, Takata, the Abe related corruption crimes,  Chisso Corporation and the list is very long.

It rare for any detained person to get bail. I know people who have sat in prison for more than two years waiting trial for simple crimes.

Again then blame Japan. why blame Ghosn for it? They were in prison before he escaped and were not about to get a bail anyway.

I do not like the Japanese justice system and prefer something like in my own birth country Britain. But no justice system is prefect.

That's not a rational argument. We are not talking about which system is perfect or not. We are talking about whether it is fair or not, and more importantly whether it respects basic human rights and the right of the defense. Britain justice system does. Japan justice system does not.

 Did Ghosn think he could get away with his crimes?

I don't think Ghosn is 100% innocent.

Which crimes? You are again presuming about his guiltiness without any evidence. Whether or not you think he is 100% innocent is irrelevant, justice is not made by the populace in a rule of law country.

13 ( +15 / -2 )

Excuse my ignorance,

but would this raid now mean the trial has to be thrown out/abandoned?

Is it a strategy to keep the facts secret, and now they just go after him for the actual crime of jumping bail?

3 ( +4 / -1 )

"Next they will arrest him and charge him and hold him for 45 days......"

I think his lawyer is what they mean

You're right!

3 ( +4 / -1 )

I don't think Ghosn is 100% innocent.

No one needs to prove that.

8 ( +9 / -1 )

zichi;

If the Japanese justice system is corrupt then its corrupt for all people not just Ghosn.

Of course. Did anyone claim it is corrupt only for 1 person, i.e. Ghosn?

If the system is so corrupt why are less people imprisoned than say in a country like America.

Different society, different laws. Total non sequitur.

8 ( +10 / -2 )

Reckless Today  02:35 pm JST

Attorney client privilege is the absolute foundation of the profession.

Absolutely.

These prosecutors are out of control and need to be brought down a peg or two for sure.

Yes, although if they have genuine and reasonable cause to believe that Ghosn's lawyer helped to aid his escape, then that's a different story.

The question is, do they? Or is this just an attempt to intimidate or to save face?

8 ( +9 / -1 )

Just Because They’re Out to Get You Doesn’t Mean You’re Not a Criminal

https://nymag.com/intelligencer/2020/01/japans-pursuit-of-former-nissan-executive-carlos-ghosn.html

-5 ( +2 / -7 )

Some have commented on lawyer client privilege but does it actually exist in Japan and to what extent?

7 ( +7 / -0 )

In a related story, they also raided his barber, his golf pro shop, and the combini where he bought his morning coffee.

12 ( +14 / -2 )

I am sure that the lawyer has no knowledge about the escape. Gohsn would have been smart enough not involve him in that. Looks the prosecutors are going for low-hanging fruit now.... do they not realize how foolish they look?

10 ( +11 / -1 )

daito_hak 

You can cease telling me what I can do.

I can tell you whatever I want.

I can tell you whatever I want. But you don't get to try and censor what I want to say and post. So you think its nonsense that the majority of detained foreigners don't get bail and remain in detention centers and prisons while they wait for the trial or deportations.

I haven't seen the evidence of Ghosn's crime but then again nor have you. But he wouldn't be the first CEO of a major company to have his hand in the cookie jar.

If the Japanese justice system is corrupt then its corrupt for all people not just Ghosn. If the system is so corrupt why are less people imprisoned than say in a country like America.

It rare for any detained person to get bail. I know people who have sat in prison for more than two years waiting trial for simple crimes.

I do not like the Japanese justice system and prefer something like in my own birth country Britain. But no justice system is prefect.

I try to ensure that I don't do anything to run foul of it. Did Ghosn think he could get away with his crimes?

I don't think Ghosn is 100% innocent.

-7 ( +4 / -11 )

Absurd is as absurd does.

7 ( +8 / -1 )

His lawyer guaranteed he wouldn't jump bail.

What his lawyer guaranteed is totally irrelevant because he was required to do so by a corrupted and primitive justice system. The core of the conversation is not his lawyer, this is Japan where rule of law just does not exist in contrary to what many people thought.

13 ( +15 / -2 )

Zichi really, a lawyer is just a legal proxy to defend a client. Not a legally binding proxy.

Carlos jumped bail because he could. I and most would rather face outrage than a system of tourture that boasts a 99.9% conviction rate. It's not about Carlos anymore but about the system. He didn't kill, rape, anyone. But the process is focused on him alone not the other executives or government involvement just him and now his wife, tomorrow maybe his children then anyone who shook his hand. A lawyer is there to guide you through the process and is not a culpable co excused. In a normal justice system as I know it but others might prefer guilt by idol judgment.

15 ( +17 / -2 )

You can cease telling me what I can do.

I can tell you whatever I want.

Bail for foreigners is rare so yes I expect in future it will be even more difficult for detained foreigners.

Again non sense. You don't respond to the core of the problem which is about the corrupted Japanese justice system. Ghosn is not making worse the bail conditions than it was before, which are dictatorship alike. And you are by the way admitting the racist behavior of Japan which does not give easily bail to foreigners.

Did he lie about his compensation payments?

Is he 100% innocent?

Now we will never know because he jumped and there won't be a trial.

All reasonable people looking at this case are saying that he would never have had a fair trial. So he would have been put in jail without us knowing the truth anyway. Now yes we don't know if he is 100% innocent, but you said I quote: "Should I really care about a rich guy caught with his hand in the cookie jar" implying that he is de facto guilty. However you don't have the authority whatsoever to give that sort of judgement.

And I should remind you that Saikawa who admitted to receive illegal compensations was never prosecuted for it. Ghosn's misconduct allegations are about his retirement compensations, which means he did not receive any money yet. So how on Earth could you then argue that he should not have escaped Japan given such difference of treatment?

13 ( +16 / -3 )

I'm taking a step back and putting this raid, an integral part of a face-saving operation, in the context of the aftermath of Kawai and Sugawara's resignations, which caused a bit of damage and worry.

And now Mori. Everyone here can clearly see she's starting to feel the heat... to come out like she did and read a statement to reassure the world about the fairness of the Japanese justice system. Her job is at stake and if this escalates further a few heads could possibly roll including hers.

7 ( +10 / -3 )

So communistic moves by the new forming imperialistic Japan. Lame just lame. No reason to raid the attorneys office unless the GOJ officials soon to be named by GHOSN are nervous.

9 ( +12 / -3 )

daito_hak

So please keep your judgement for yourself.

You can cease telling me what I can do.

Bail for foreigners is rare so yes I expect in future it will be even more difficult for detained foreigners.

His lawyer guaranteed he wouldn't jump bail.

Did he lie about his compensation payments?

Is he 100% innocent?

Now we will never know because he jumped and there won't be a trial.

-15 ( +5 / -20 )

Kiddies getting nervous...,,

5 ( +8 / -3 )

Ordinarily,I wouldn't comment on this but I have to this time. My simple advice to Nissan is that they should focus on business to create value for their shareholders instead of spending time on Ghosn. If they fail to do what I am imploring them to ,then they should be ready to go through a painful restructuring exercise that may lead to several job losses worse than when Ghosn took over. Nissan is too big to fail but if there is no vision, no leader ready to do what is needful but rather involve themselves in squabbles then all stakeholders would be negatively affected. If I were a shareholder, I would be upset with what is going on. I will sell all my shares in the company and invest in other companies. Ghosn is an individual and he is gone. Pick up the pieces and get to the boardroom and plan how to save Nissan. How a state and a global firm in concert fight one man is intriguing. It's repugnant and I thought the big men at the helm of affairs will think straight. You are wasting too much precious time and resources on one man who may not return to Japan again. What if Ghosn dies today, are they going to pursue his ghost? Come on Nissan, your share prices are going down everyday.You should be concerned about that instead of Ghosn who is gone.

12 ( +14 / -2 )

He's gone and there's nothing you can do to bring him back! They're trying to pin blame on someone or ANYONE to hide the bruised ego! Since you corrupt cops can't get to him, stop beating a stick with a dead horse!

11 ( +14 / -3 )

Attorney client privilege is the absolute foundation of the profession. These prosecutors are out of control and need to be brought down a peg or two for sure.

13 ( +16 / -3 )

all part of the show folks

10 ( +11 / -1 )

This is deeply disturbing. It suggests that there is no respect for attorney-client privilege.

This is because rule of law does not exit in Japan. The country is not civilized enough to have one. Sad but a reality.

13 ( +17 / -4 )

What if, just surmising, it was learned that Ghosn had seen a clergyman while out on bail? Would that mean that the clergyman's home, office, or church would be raided?

Anyone with even the slightest link will now probably be interrogated by police and held for at least 23 days

6 ( +8 / -2 )

He has made it more difficult for the next foreigner to get bail.

Ridiculous. What else will you blame him for? What you should be saying is how he is helping at last to expose to the world the incredibly corrupted Japan.

Should I really care about a rich guy caught with his hand in the cookie jar?

Being rich or not is totally irrelevant. Everyone has the right for the defense against criminal allegations, a right that was not given to him. Plus nothing absolutely nothing a this point proves that he is guilty of anything. So please keep your judgement for yourself.

12 ( +16 / -4 )

Those prosecutor jokers should hold their heads in shame.They had ample time to put the case together, but with a weak one,now flailing to get info by harassing Ghosn's lawyer. Just typical, cultural bullying tactics. Take the L and take stock at the same time.

15 ( +17 / -2 )

"Next they will arrest him and charge him and hold him for 45 days......"

I think his lawyer is what they mean

7 ( +10 / -3 )

Looking desperate, and something you'd expect in China.

13 ( +16 / -3 )

Next they will arrest him and charge him and hold him for 45 days......

They'll have to kidnap him and bring him to Japan first.

8 ( +9 / -1 )

Wow, everyone that was on Ghosn's side is not a target. What on earth happened to Kelly btw? Did he leave Japan? Maybe they will re-arrest him? I hope Ghosn has some BIG news to tear the system apart, this 'justice' system is a farce

9 ( +12 / -3 )

In what other civilized country / modern democracy do prosecutors raid defense lawyers' offices?

This is deeply disturbing. It suggests that there is no respect for attorney-client privilege.

What if, just surmising, it was learned that Ghosn had seen a clergyman while out on bail? Would that mean that the clergyman's home, office, or church would be raided?

23 ( +26 / -3 )

The prosecutors' offices need to be raided and they need to be sentenced to prison for turning an internal company feud into a criminal case.

19 ( +22 / -3 )

They didn't bungle Ghosn's escape. He was given bail with conditions but jumped bail and escaped the country just like in many other countries, America for instance. The only blame can be giving him bail in the first place. He has made it more difficult for the next foreigner to get bail.

Should I really care about a rich guy caught with his hand in the cookie jar? Workers lost their jobs with hi cutbacks.

-23 ( +7 / -30 )

This nation is reaching the bottom of the garbage bin. It's not even on top of it.

26 ( +29 / -3 )

Is this really Japanese justice?

Raiding a Japanese lawyer’s office like a band of ill mannered rogues?

27 ( +31 / -4 )

The prosecutors are going nuts with form over substance.

20 ( +23 / -3 )

Japanese news footage showed prosecutors marching into Junichiro Hironaka's office in Tokyo

Japanese news footage showed the red-faced, bungling prosecutors marching into Junichiro Hironaka's office in Tokyo....

That's better.

20 ( +23 / -3 )

If anyone hasn't being paying attention, it should be as clear as red that the prosecution case is politically motivated. They'll probably make Hironaka go to gaol in Ghosn's stead.

20 ( +23 / -3 )

Hope those so-called prosecutors will respect the attorney-client confidentiality.

On the other hand who knows, being so desperate to show at least some results .....

17 ( +20 / -3 )

Trying to get to him by targetting the people close to him... disgusting behavior. Next they could really come down hard on Kelly, for the simple reason that he's within their reach.

21 ( +25 / -4 )

The prosecutors are doing all they can to make it look like they are doing something in their attempt to take the focus off their bungling his escape!

24 ( +29 / -5 )

stable door........horse......bolted.

Ridiculous.

Next they will arrest him and charge him and hold him for 45 days......

22 ( +26 / -4 )

This is such an important moment... the whole world is watching.

I truly hope it is not the case, but it certainly looks like "retaliation" for Takano's blog post: https://www.wsj.com/articles/carlos-ghosn-lawyer-expresses-despair-over-japanese-legal-system-11578142967

Hammer on the nail that sticks out.

22 ( +26 / -4 )

The only différence of what happens actually in the middle east and in Japan is that, I take it seriously in the first case, and the latter makes me laughing everyday.

Japan officials, the Moj, the prosecutors and Nissan are so miserable and pathetic that this saga could be the funniest story of 2020. Japan now has the reputation to adore the"tartes à la crème", but in their face, and they claim for more everyday.

22 ( +28 / -6 )

Is this Communist China? O sorry.... this is Japan 2020.

32 ( +38 / -6 )

Hilarious, they are just so angry this time they didn't even give the courtesy of a one month warning. That's just rude. Bet a lot of cardboard boxes were removed by people in matching suits and surgical masks. His lawyer as is law represents his client and not actually responsible other than giving legal representation. Although in Japan's twisted justice system someone has to pay. Pants are down and the pixels are kicking in.

28 ( +33 / -5 )

Only hours before his scheduled news conference and right on the heels of a warrant issued for his wife ...surely not a coincidence ...powers to be are desperate for some information to pre-empt the bombshell his news conference is going to bring.

Popcorn ready.....

31 ( +36 / -5 )

Give it up. Why appear so desperate? Don’t hurt your own people.

24 ( +31 / -7 )

These high flying boys from Japan’s “elite” universities are hilarious. Go headless chicken, go! You got played, deal with it.

41 ( +49 / -8 )

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