Former Nissan Motor Co executive Greg Kelly Photo: AP file
crime

Defense begins questioning in trial over Ghosn's pay

24 Comments
By YURI KAGEYAMA

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24 Comments
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rewarded with compensation that even at the lower, publicly disclosed levels, was exorbitant by Japanese “salaryman” standards.

Because Ghosn achievement to his former company that near bankrupt in 99 was above regular salaryman can do, that's obvious right?

The defense team for former Nissan executive Greg Kelly began questioning a key prosecution witness in a Tokyo court this week, seeking to show the alleged underreporting of income of his boss Carlos Ghosn was devised by others at the automaker.

After two years of arrest they haven't provided information yet?

Prosecution for falsifying financial reports is rare in Japan and the charges lie in a gray area, according to some legal experts.

It's rare unless someone try to make case against you.

Asked if he knew what he was doing might be improper, Ohnuma acknowledged “efforts to deceive," and said he was torn over the issue but anxious to keep his job. He told Kitamura he assumed Ghosn also knew the acts were wrong.

Compensenting execs nothing strange about it. Well of course in Japan the most common one amakudari but Ghosn didn't ask for that at all.

13 ( +14 / -1 )

The defense team for former Nissan executive Greg Kelly began questioning a key prosecution witness in a Tokyo court this week ...

Questioning begins 724 days after Kelly was arrested. Come on, Japan. Is it really necessary to be this cruel?

24 ( +25 / -1 )

“I thought Ghosn-san sure had a way of doing things; I can’t express it any other way,” Ohnuma said.

Compelling, hard evidence, there, MoJ.

15 ( +16 / -1 )

Wow dude looks broken

13 ( +14 / -1 )

Questioning begins 724 days after Kelly was arrested. Come on, Japan. Is it really necessary to be this cruel?

The only reason it began this EARLY is offset claims by Ghosn that they never planned to go to trial. Otherwise Kelly would not have a trial date

6 ( +7 / -1 )

Ghosn and Kelly were arrested in November 2018 before any decisions on the compensation plans were made.

No crime was committed?!

5 ( +7 / -2 )

It seems clear that Kelly had very little, if anything, to do with any of the decisions related to Ghosn’s pay. Its insane that they are prosecuting him, and only him, for this.

12 ( +13 / -1 )

The Japanese system is in Japanese , therefore,only Japanese operators can come up with the methods to get away from any wrong doings.

9 ( +11 / -2 )

How do you not know you were lieing, stealing and cheating? I never found $50m mysteriously appear in my bank account.

-10 ( +1 / -11 )

@rainyday

It seems clear that Kelly had very little, if anything, to do with any of the decisions related to Ghosn’s pay. Its insane that they are prosecuting him, and only him, for this.

Despite the problem of being locked up for an indefinite amount of time, wealthy suspects can hold out longer like Ghosn and Kelly because they won't necessarily be out on the streets if they no longer have a job. Most of their bills will still be paid, and their children will still have food to eat and clothes on their back.

The average Taro will lose alot if they do not confess regardless of guilt in Japan's hostage system. They are still hoping that Kelly will flip and give some damning information about Ghosn to save himself. J-government does not want to look foolish anymore. Where is Abe anyone?

Kelly has no reason to worry about saving face for being arrested. That illogical thinking only works in Japan. T

If anything, fighting and going to trial is about American as you can get. They will get this over with before the Olympics.

10 ( +11 / -1 )

I like for how much Ghosn was played up in the media, Kelly got almost nothing. Now with the trial, there's still almost no news coverage.

8 ( +9 / -1 )

So in the end they prosecute only him and they left him in a limbo for over a year without even knowing if he’s innocent or not despite's his health issues and his willing to return home.

This is when a society in general and in this particular case the system forget it’s humanity and rely only on cold bureaucracy and papers.

8 ( +9 / -1 )

So let me get this straight

"violated financial reporting laws even though none of the plans the Nissan management considered were ever acted upon or decided."

What crime exactly has been committed? If nothing has **ever acted upon or decided**, where is the crime?

If he had actually received the money and did not declare it, I would understand. Therefore at this point nobody can say he has avoided paying tax. As he has not received any money to report...

I have never ever heard anything more stupid in my life! No wander he jumped bail!

8 ( +9 / -1 )

Carlo's official website. 

https://carlosghosn.info/

To bad it is not in Japanese.

6 ( +7 / -1 )

Japan has a 99% conviction rate.

Thats not at all surprising when one can be held indefinitely and interrogated for up to ten hours a day without a lawyer present and threatened with even longer confinement if they do not confess.

What is the wrongful conviction rate? About the same?

9 ( +10 / -1 )

Japan has a 99% conviction rate.

What is the wrongful conviction rate? About the same?

AFAIK the a 93% of the trials are based on confession.

You can do the math.

6 ( +7 / -1 )

Asked if he knew what he was doing might be improper, Ohnuma acknowledged “efforts to deceive," and said he was torn over the issue but anxious to keep his job. He told Kitamura he assumed Ghosn also knew the acts were wrong.

I hope this guy has immunity. Working in a large JP company I can understand the pressure he felt, but on the other hand, all large listed companies must have a confidential ethics contact that he could have reached out to.

3 ( +3 / -0 )

This is KEY!!

In cross-examining Wednesday, Ohnuma told the court that Kelly did not know how much Ghosn was paid, as that was highly confidential at Nissan. The testimony suggested Kelly played a minor role in being consulted to study legal ways to pay Ghosn.

WTF Ohnuma here is CLEARLY stating that Kelly has NOTHING to DO with this, that he could NOT possibly have been privy to info on Ghosn.......

Japan FOR SHAME, I feel like I am living in China now!!!

10 ( +11 / -1 )

The average Taro will lose alot if they do not confess regardless of guilt in Japan's hostage system. They are still hoping that Kelly will flip and give some damning information about Ghosn to save himself. 

I think its actually even a bit more nefarious than that. Really the only reason they are trying Kelly is that:

A) He was an easy target who they probably didn't intend to make such a big deal of (they were really after Ghosn), but now he's all they have left so they are intent on destroying him to save face even though it otherwise makes no sense to do so.

B) He is ironically probably the least culpable, which makes him the most prosecutable. There were a dozen or so other executives with way more involvement in the alleged scheme to disguise Ghosn's pay, yet they all go off. For several this was literally because they were so involved in the scheme that they knew enough about it to be able to negotiate a deal in exchange for their testimony. Kelly's involvement seems to have been much less and therefore he probably doesn't know anything that would have been useful to prosecutors in a case against Ghosn. So ironically the fact that he was the least guilty also made him the most likely to be prosecuted once Ghosn escaped and they needed someone - anyone - to go after.

Its an absolute travesty.

10 ( +10 / -0 )

I like for how much Ghosn was played up in the media, Kelly got almost nothing. Now with the trial, there's still almost no news coverage.

This is simply because they thought they had someone to brandish as a trophy, and Ghosn was trying to shed light on this false situation. While with Kelly, the J Courts are just trying to see what they can hold onto in this case. This whole case is based on allegations with no evidence, proof or witnesses!

6 ( +6 / -0 )

Ohnuma told the court that Kelly did not know how much Ghosn was paid, as that was highly confidential at Nissan.

Prosecutors have too much power in Japan without the necessary checks and balances. LDP needs to fix this. This system is obviously broken.

10 ( +10 / -0 )

AFAIK the a 93% of the trials are based on confession.

That's why when they are being asked for evidences they just can not provide it. Since that approach can only be taken by holding Ghosn or Kelly long enough to get a false confession but that's not the case. Ghosn made his escape, if those evidences exist they can still continue trial with existing evidence.

Not only public and defendant interested to know about this, other country like Lebanon is waiting about this https://www.japantimes.co.jp/news/2020/01/11/national/crime-legal/lebanon-carlos-ghosn-handover-japan/

their time limit is 40 days from January and now is already November.

5 ( +5 / -0 )

The testimony suggested Kelly played a minor role in being consulted to study legal ways to pay Ghosn.

Ouch. Work as a team, and if the need arises, throw the foreigner under the bus.

Prayers for a miracle dismissal for Mr Kelly.

6 ( +7 / -1 )

No good deed goes unpunished in old school Japan. These old boys clubs in Japan are the ones with the real criminals and the ones hindering Japan's ability to stay relevant in today's international markets. The sooner they quit or get arrested (wishful thinking) and make way for new blood, the sooner Japan can start down the path to rebuilding itself.

1 ( +1 / -0 )

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