Ghosn pledges lengthy fight to clear his name

Well done Mr.Ghosn. Let's hear his side of the story in a fair way, and not the "This is Japan" way. Any country with a sense of law receiving an International Arrest Warrent issued in Japan should consign it immediately to the waste paper basket.

First it was a lengthy flight, now its a lengthy fight.

Good to know Ghosn is enjoying a slower-paced life in Lebanon. He has plenty of time to learn that crime doesn’t pay.

Come back to Japan, have your day in court and "clear your name", if you are so confident, Ghosn.

If he refuses, Japan should pay off senior gov't officials in Lebanon to capture and bring him back.

As long as he remains outside the jurisdiction of any Court, he isn't "fighting". He's just feeding his intellectually challenged followers unproven claims and allegations. If he presented himself before a Court and presented his defense arguments, then he would be "fighting". He is a very smart man, others will fall for him.

"Fugitive"

I guess he could be called "fugitive" but you are NOT when you runaway from injustice. lets not forget We are all INOCENT till proven guilty

Japan should pay off senior gov't officials in Lebanon to capture and bring him back.

Bribery? Doesn’t sound any better than what their accusing Ghosn of doing, but I guess it’s normal for government officials in Japan. smh

Two things guaranteed.

There will always be this army of trolls who vehemently defend this criminal despite the fact that he absconded from Justice. The bad people only admit their wrong doings on Scooby Doo and in TV dramas…

And there will be the rest of us.

At least it’s a nice distraction to the Olympics fiasco…

The documental is already out

https://youtu.be/rKftGmjdZ7w

The book will be released on the 22nd.

He is also gonna release a movie and a drama series very soon.

He is capitalizing it very well.

After reading about Toshiba and how they use government agencies to threaten foreign investors, i have NO DOUBT that Mr. Ghosn was FRAMED to free Nissan from it's contract with Renault.

There will always be this army of trolls who vehemently defend this criminal despite the fact that he absconded from Justice. 

Precisely. The irony is that they identify with Ghosn even though they have absolutely nothing in common with him. It's not unlike the poor-as-dirt hillbillies who support Trump.

Go to jail.

Go directly to jail.

Do not pass "GO".

Do not collect $200.

Come back to Japan, have your day in court and "clear your name", if you are so confident, Ghosn.

If he refuses, Japan should pay off senior gov't officials in Lebanon to capture and bring him back.

Lebonan had already told Japan where to go in regards to Ghosn. Unlike cheap and nasty litlle hostage taking Japanese officials, Lebonese officials have integrity. The mentality of the above comment really does portray Japan as the Land of the Rising Rot.

@Bokudayo

Copy&pasting is not gonna get you anywhere.

Where is your originality?

For the apologetic Japan’s injustice system I can tell you that Japan is a heavy weight in global economy but a minor player in the world politics and it’s power is weak.

Lebanon won’t be forced by the J-government to return Mr.Goshn back.

The Japanese government can apply it’s injustice system within it’s arcipelago but it’s international power is limited.

You could clearly see this also in the G7.

Biden came mainly to London to strength the Europe-U.S. alliance and NATO as well.

All the major decisions were made by the U.S. France Germany and the U.K.

Suga was a nice spectator.

OK, come here, serve your term for jumping bail and illegally leaving the country. Then stand trial for multiple corruption charges and prove your innocence. Once innocent, go to France and the Netherlands and stand trial there and prove your innocence.

running away to Lebanon suggests you are 100% guilty.

man up, come back. You can even make a movie about it.

We are waiting...

prove your innocence

Nobody has to prove antibodies innocence.

Prosecution must prove guilty beyond any doubt.

" Ghosn pledges lengthy fight to clear his name "

I stand by Ghosn due to the fact that he has not had his day in court and was not proven guilty. The Japanese In Justice System is not only foolish, it's 100% guilty of not working within international standards. The system is antiquated. Besides Japan, China, Russia, and North Korea have a 99% guilty rate in terms of convictions. This fact is, in itself, showcases the absurdity of it's illegal system.

He doesn't have to prove anything. The court didn't find him guilty. Because he didn't even stand trial. And he escaped because he was under house arrest for over a year without trial. That's absolutely unbelievable.

He didn't even get a chance to talk to a lawyer at the beginning. The right to a lawyer is absolutely fundamental, and the right to have a lawyer present at the interview is also absolutely fundamental.

The court has to prove him guilty. He doesn't have to prove innocence. No one has to prove his own innocence. At least not in countries with fair judicial systems.

And do I think he's guilty or innocent? I don't know, and that's not for me to say. He could have done anything he's accused of. But until he gets a fair trial, then everything else is irrelevant.

Does anybody really doubt that he did those things? They ALL do those things.

But, the way he was targeted and treated, while Japanese who were just as guilty were not touched, is the real issue.

Lebonan had already told Japan where to go in regards to Ghosn. Unlike cheap and nasty litlle hostage taking Japanese officials, Lebonese officials have integrity. 

Just to be clear, Transparency International ranks Lebanon as one of the worst countries in the world for official corruption (149th out of 180 countries in 2020).

Fighto! - Come back to Japan, have your day in court and "clear your name", if you are so confident, Ghosn

Have his day in court? He has already had over a year of solitary confinement with daily interrogations without a lawyer present with a goal of forcing a confession. He will never ‘get his day in court’. Just the facts that they kept him locked up for so long trying to force a confession that the case against him is very thin. Ghosn is a victim of an underhanded corporate coup.

It is meaningless to compare conviction rate among countries under different judicial system.

Interesting how you have this army of Japanese kangaroo justice defenders bent on protecting their screwed-up so called justice system that the UN found to be against human right. Only in countries like China, NK and some banana republics/countries in Africa have a similar system. Japan should be taken to the International Court for human rights infringements.

I like how Japan calls him a "fugitive" but have no proof of any criminal doings. You need to be running away from a crime you've comitted to be called a fugitive. Which isnt the case here!

It appears Ghosn, family, and friends have created numerous accounts on this website to try and influence public opinion in his favour.

Please don't be fooled by those who bash the Japanese criminal justice system.

They are trolls for Ghosn, who will be a fugitive and not leave Lebanon for the rest of his life.

It serves him right, as he is a crook and a fugitive from justice.

(30 or more negative responses will prove my point.)

sir_bentley28Today 12:42 pm JST

I like how Japan calls him a "fugitive" but have no proof of any criminal doings. You need to be running away from a crime you've comitted to be called a fugitive. Which isnt the case here!

I see no difference between Japan and other countries like USA. If you agree as an accused, but not yet convicted person with authorities to get out of detention by posting bail and nevertheless you leave the country illegally, your bail is forfeited and you become an 'international fugitive'. Skipping bail is a crime for itself.

Do the hustleToday 11:49 am JST

Have his day in court? He has already had over a year of solitary confinement with daily interrogations without a lawyer present with a goal of forcing a confession. 

Ghosn was under detention for exactly 108 days - this is clearly NOT over one year of solitary confinement.

Most time he was out on bail and he spent his time in a large comfortable house in one of the most expensive places in Tokyo. He could go out anytimewhile on boil and had also contact with three law offices, his wife and one of his daughters.

"and have asked for a transfer of his file from Tokyo but had not received anything yet, he said".

hummm, funny that they have not passed over any files yet, or will the every pass them over.

The red notice means Ghosn is staying in Beirut for the time being, where he says he is enjoying his slower-paced life after his jet-setting executive years.

This is one of the above tacktics from the J goverment, its exactly what they want , it keeps Mr Ghosn, tied down and restrict his movements, they are just throwing spanners into the works. is it about justice and fair play? I dont think so its a dirty campaign they are playing as they are embarrassed and have lost face in from of the words audience.

the Japanese justice minister criticized the panel, saying its conclusions were based on factual errors.

Seriously doubtful.

Watched a Bloomberg interview of the Nissan General Counsel getting the Ghosn treatment when he started pointing out conflicts of interest to the Board of Directors. He was followed and eventually served with a court order by Nissan investigators to seize a company laptop and phone that had incriminating evidence against Nissan people.

No, this was a company hit job, and many people at Nissan pointing fingers at Ghosn got immunity from prosecution for doing the same things Ghosn did, under reporting compensation.

Nissan wanted to stop the Renault-Nissan alliance, a business goal, by trying to put people in prison, and Nissan conspired with the prosecutors to achieve that business goal. That behavior should not be normalized.

Ghosn was under detention for exactly 108 days - this is clearly NOT over one year of solitary confinement.

To be precise, it was 130 days.

In the span of 1 year he was re-arrested multiple times.

In total he stayed in that limbo waiting for a trial for a year and a half.

May 21, 2021.

Dutch court orders Ghosn to return 660 million yen

15/12/2020

French tax authorities have seized €13m of property and other assets from Carlos Ghosn, the fugitive former Renault-Nissan chief.

13,000,000.00 Euros = 1,736,382,400 Japanese Yen

BEIRUT, May 31,2021 (Reuters) - Fugitive former car executive Carlos Ghosn will be questioned in Beirut from Monday by French investigating judges, his lawyers said, over allegations of financial misconduct in France that led to the seizure of millions of euros of his assets.

We will see, but it is surely wrong to blame the Japanese justice for that....

Dutch court orders Ghosn to return 660 million yen

That was a beautiful execution of justice.

Every evidence on public view, full process took less than 2 days, no abuses or detentions.

I'm proud of the Dutch justice.

Can't say the same of the Japanese one.

TOKYO, Jan. 7, 2020 (Xinhua) -- The Tokyo District Court will forfeit the 1.5-billion-yen (14 million U.S. dollars) bail money posted by former Nissan Motor Co. Chairman Carlos Ghosn, who fled Japan while awaiting trial for financial misconduct in violation of his bail conditions, officials said Tuesday.

14,000,000.00 US Dollars = 1,540,069,000 Japanese Yen

Ghosn skipping bail was not a bad business for Japan... There is no way for him to reclaim this money and should he ever show up in Japan, forced or voluntarily, a jail sentence cannot be avoided.

UNHCR is a bunch of cra**.

Don't worry you all know more than their so-called special rapporteur

PaulToday 11:55 am JST

Interesting how you have this army of Japanese kangaroo justice defenders bent on protecting their screwed-up so called justice system that the UN found to be against human right.

And I wonder how many people realize that the report basically just repeated Ghosn's accusations without any filtration, or comparison with realistic standards around the world. If people at least try to put up defenses when accused by the Japanese government, defendant governments don't even bother to put up evidence to the Rapporteurs because they have a history of noting that you had submitted defense evidence ... then making a conclusion that completely uses the evidence from the accuser without even bothering to explain why they ignored your evidence (see the Comfort Women rapporteur report as an example).

bokudaToday 04:59 pm JST

They never got their paws on his body, you know...

Sure! The "this is Japan" justice system is much more professional and trustworthy than the united nations.

No doubt!

@Kazuaki Shimazaki Today  06:48 pm

That's what you took from my words?

Me. Not. Understand.

The only possible truth is time and time will prove that truth.

That's amusing. He wishes to clear his good name - which assumes he had one to begin with.

Ghosn, another entitled and privileged capitalist desperado - imagining he can loot and pillage without culpability. Hiding behind the façade of law aka a battery of high priced lawyers and an ability to buy off officials with his vast fortune.

He's a fugitive in hiding. Large amounts of money have been seized due to his misdeeds. His criminal criminal behavior is well documented. He is not being persecuted, he's a corporate criminal engaged in all manner of corruption, fraud and theft. He isn't robin Hood, he's Prince John.

Conviction rates are high, in Japan, not because of a corrupt system, but because most individuals accused of a crime are guilty. False arrest is rare, when it tends to felonious behavior. The DOJ in the USA, pegs the conviction rate in the USA, at 97%., in federal courts less than 3% go to court. The volume of crime in the USA far outstrips that in Japan.

 In the U.S. the conviction rate for contested trials is about 83 percent. In Japan, the conviction rate for contested cases is over 96 percent. This difference of roughly 13 percent is significant for defendants, but hardly the yawning chasm one would imagine from reading recent commentary on the Ghosn case. The fact remains that conviction rates in both countries are strikingly high.

Japan’s often-cited conviction rate of over 99 percent is a percentage of all prosecuted cases, not just contested cases. It is eye-catching, but misleading, since it counts as convictions those cases in which defendants pleaded guilty. If the U.S. conviction rate were calculated in a similar manner it would also exceed 99 percent since so few cases are contested at trial (in FY 2018 only 320 of the total number of 79,704 federal defendants were acquitted at trial).

Ghosn’s case was atypical of white-collar criminal cases in Japan, as it included a lengthy pre-trial detention, his complete failure to cooperate (such as by providing a statement setting forth his version of events), and the presence of a flight risk. And although in Japan white collar criminals rarely go to jail, the enormous amount of alleged undisclosed compensation ($80 million) and retirement benefits ($60 million), together with the inclusion of more serious allegations of misuse of corporate funds, created uncertainty as to the possibility of jail time if convicted.

The Japanese criminal justice system struggled to deal with the Ghosn case. Anyone who posed a significant flight risk would be a good candidate for detention until trial, in the United States as well as Japan. In this case the judges did not grant the full periods of detention sought by prosecutors, and Ghosn’s lawyers ultimately succeeded in getting him released on bail under strict conditions. Ghosn then famously fled Japan. There is no evidence Ghosn was treated any differently due to being a foreigner. However, a rich and powerful person might be particularly offended by the detention conditions for noncooperating suspects.

Wise words.

Someday we will laugh at how retrograde was the j-justice on 2021.

To be succinct:

 In the U.S. the conviction rate for contested trials is about 83 percent. In Japan, the conviction rate for contested cases is over 96 percent. This difference of roughly 13 percent is significant for defendants, but hardly the yawning chasm one would imagine from reading recent commentary on the Ghosn case. The fact remains that conviction rates in both countries are strikingly high.

Japan’s often-cited conviction rate of over 99 percent is a percentage of all prosecuted cases, not just contested cases. It is eye-catching, but misleading, since it counts as convictions those cases in which defendants pleaded guilty. If the U.S. conviction rate were calculated in a similar manner it would also exceed 99 percent since so few cases are contested at trial (in FY 2018 only 320 of the total number of 79,704 federal defendants were acquitted at trial).

Ghosn’s case was atypical of white-collar criminal cases in Japan, as it included a lengthy pre-trial detention, his complete failure to cooperate (such as by providing a statement setting forth his version of events), and the presence of a flight risk. And although in Japan white collar criminals rarely go to jail, the enormous amount of alleged undisclosed compensation ($80 million) and retirement benefits ($60 million), together with the inclusion of more serious allegations of misuse of corporate funds, created uncertainty as to the possibility of jail time if convicted.

The Japanese criminal justice system struggled to deal with the Ghosn case. Anyone who posed a significant flight risk would be a good candidate for detention until trial, in the United States as well as Japan. In this case the judges did not grant the full periods of detention sought by prosecutors, and Ghosn’s lawyers ultimately succeeded in getting him released on bail under strict conditions. Ghosn then famously fled Japan. There is no evidence Ghosn was treated any differently due to being a foreigner. However, a rich and powerful person might be particularly offended by the detention conditions for noncooperating suspects.

@Richard

Japan it's not comparable at any level with any 1st world justice.

Appreciate you to try. But it's called Hostage Justice for a reason.

It doesn't comply with the minimal Human Rights requirements.

You simply can't detain citizens indefinitely, in solitary confinement without lawyer on the interrogations.

The UN was very explicit about that point.

Regardless how it will continue, the time of Ghosn as businessman is finished. He is banned by US regulators for ten years serving as a director of a publicly traded American company.

He paid already USD 15 million = yen 1,651,065,600 of Nissan and USD 1 million = yen 110,077,170 out of his own wallet to US regulatorsas a fine to avoid prosecution for hiding USD 140 million = yen 15,409,484,000 - what he claims for his retirement.

In USA if you are very rich you can buy yourself out and escape prosecution and jail, but laws are not everywhere the same worldwide.

Ghosn and his wife (who is US-citizen) will however hardly enter USA again in the near future - with a red interpol notice both of them risk to be arrested and deported to Japan, same as Michael Taylor and his son Peter who were handed over to Japanese custody after their arrest in USA, despite both of them are US-citizens.

Ghosn also does not like to enter France, Netherlands and other EU countries, and he will think twice to enter Brazil and neighbouring countries which have a good relationship with Japan.

Simply said he is trapped in Lebanon - politically a very unstable and economically a very poor country - he has nowhere to go. Even those pilots who helped him out of Japan are now in Turkey in jail.

There are also some comments about Japan and Switzerland in the media, some sentences from a Swiss news report, dated July 29, 2019.

Canton Zurich’s public prosecutor is assisting the Japanese authorities in an inquiry related to bank accounts associated with Carlos Ghosn,

Tokyo prosecutors sent a request for legal assistance to Switzerland in January, a spokesperson for the country's Federal Office of Justice (FOJ)

Switzerland's FOJ indicated that it referred the request to canton Zurich’s Public Prosecutor’s Office. The Zurich prosecutor's office said the inquiry has been actively investigated since March 8 and is ongoing.

RG,

But you also have to figure in the way you are held & questioned without your lawyer, charges added every 21days, lengthy interrogations & forced confessions, overly controlled media access etc etc

There is a LOT that goes on in Japan that as I have always said ""many a dictator are ENVIOUS of the J-""justice system!""

Oh & I almost forgot a LOT of issues with evidence here, prosecutors routinely WITHOLD evidence from the defense, often know to fabricate evidence, I & others could go on & on

I mean we get old trials where innocents have gone to jail & the prosecutors later get FOUND OUT that they lied etc & NOTHING HAPPENS to them

There is PLENTY different about Japan & its NOT GOOD!!

@GW

Well said!

Is not about Ghosn, is the j-justice what is on the line.

International exposure is the only way to fix the system.

I don't really care about Ghosn popularity. I want the Japanese to get a fair justice system.

I have to say that the picture above is lovely. Mrs.Ghosn showed dignity throughout, dispite Japans sicko prosecutors trying to frame her, and Japans pathetic judges forbidding Mr.Ghosn from contacting her.

Carol the Majestic.

All of those folks bashing the Japanese criminal justice system seem to forget one thing, that apparently Carlos Ghosn did not assert: "The right to remain silent."

There is a book written by a Japanese cop (now retired,) who worked the Japanese Red Army cases back in the 70's.

He wrote that for the majority of those domestic terrorists that were caught very few would ever say a word under interrogation. "They barely blinked. They would pick a spot on the wall and stare at it hours on end."

Eventually the cops would give up.

Ghosn probably was not disciplined enough, and did not have the guts or fortitude to remain silent under interrogation.

He did whine and complain a lot, though.

He was never denied representation by an attorney, just not during interrogations.

This has nothing to do with flaws in the Japanese criminal justice system, but more with the character, or lack of it, of Carlos Ghosn.

@Yohan

TOKYO, Jan. 7, 2020 (Xinhua) -- The Tokyo District Court will forfeit the 1.5-billion-yen (14 million U.S. dollars) bail money posted by former Nissan Motor Co. Chairman Carlos Ghosn,

The court will forfeit the bail money, or Ghosn will? I thought Ghosn would have to forfeit it, having fled the country. A very lucrative development for the court system!

@Richard

People keep bringing up the high conviction rates in US federal courts; these are a red herring as federal courts are not where they handle the things an ordinary person is likely to be accused of. I imagine that these numbers include all courts:

 In the U.S. the conviction rate for contested trials is about 83 percent. In Japan, the conviction rate for contested cases is over 96 percent. This difference of roughly 13 percent is significant for defendants, but hardly the yawning chasm 

...and even here, Japan's terrifying conviction rate is on display, as the difference should not be calculated this way. A more accurate method would be to compare the 4% chance of being found not guilty in Japan compared to 17% in the US; your odds are 4.25 times as good in the US. And of course this does not address Japan's appalling pre-trial detention system that creates false confessions, or the inability of detainees to prepare for their own defense or even make arrangements for their affairs after they are convicted. Japan's detention system is disgusting and inhumane. The rest of society is wonderful, but the justice system is indefensible.

@ThonTaddeoToday 10:41 am JST

A more accurate method would be to compare the 4% chance of being found not guilty in Japan compared to 17% in the US; your odds are 4.25 times as good in the US.

Why not think of it as, the US system wastes a defendant's time 4.25 times more than Japan's system? Another possibility is that the real rate of error is about the same, 4% each, but because of excessive rights being granted to defendants (the lawyer in the room basically means the interrogation is nothing more than to take down whatever excuses the defendant's lawyer can concoot), 13% of people were wrongly freed to take another crack.

@bokudaJune 15 08:28 pm JST

Regarding the point on the lawyer, I refer you to a recent New Zealand decision:

[366] Article 14(3)(b) of the ICCPR guarantees the right of accused persons to communicate with counsel of their own choosing. Article 14(3)(d) guarantees the right to defend themselves in person or though legal assistance of their own choosing. Article 14(3)(g) guarantees the right not to be compelled to testify against themselves or to confess guilt.

[367] There is, however, nothing explicit in art 14 of the ICCPR that gives a suspect the right to have a lawyer present during interrogations. It would certainly be best practice to allow this.434 But we do not consider the lack of such a right means that Mr Kim’s trial would fall below minimum international standards for a fair trial as long as Mr Kim cannot be compelled to testify or confess guilt and the rights to counsel in art 14 are otherwise respected (as appears to be the case).

From SC 57/2019 [2021] NZSC 57, a decision that actually took submissions from both sides and considered them, unlike the stupid UN rapporteur.

Japan's terrifying conviction rate is on display.....

In what universe is a conviction rate of criminals "terrifying" ?

If you don't like Japan and their criminal justice system: then leave.

If you are not living here, in the words of VP Harris, "don't come."

Recently, Michael and Peter Taylor plead guilty to their role in the escape of Ghosn.

That is not "terrifying" but good, two criminals taking responsibility for their crime.

The reason the rest of Japanese society is "wonderful" is because of their criminal justice system.

@Kazuaki Shimazaki Today  11:58 am JST

Can't give my opinion about the specific case of Mr Kim in New Zealand.

Won't go in there, I would if we were on the NewZealandToday.com

@Wellington Today  12:32 pm JST

There numbers are certainly terrifying: the 99.94% conviction rate and the fact that 93% of these convictions are made after a suspect confesses.

Mind if I remind you that we are on the 21st century.

What is wrong with 99% conviction rate anyway? Japanese prosecutors drop 64% of criminal cases (excluding traffic law violation, 49%) ) recognized. They prosecute only when they have 99% confidence, which is actual practice of " Innocent until proven guilty" as opposed to some other countries where they prosecute anyway as prosecution is considered there to be their obligation, letting the court decide everything.

MarkJune 15  08:52 am JST

"Fugitive"

I guess he could be called "fugitive" but you are NOT when you runaway from injustice. lets not forget We are all INOCENT till proven guilty

If hadn't fled the country then he wouldn't be labeled as a "fugitive".

"Fugitive (noun) a person who has escaped from a place or is in hiding, especially to avoid arrest or persecution."

Injustice or not, he fled the country while under arrest. Being labeled as a fugitive doesn't mean you're guilty but it also doesn't help your case... Besides, until the courts rule that he is guilty he is "innocent".

That being said, I believe there is more than sufficient evidence to prove that he is guilty... Just look at the other replies above.

They prosecute only when they have 99% confidence, 

Do you think that prosecutors are Gods? Infalible, holders of the holy truth.

bokudaToday  12:29 pm JST

They prosecute only when they have 99% confidence, 

Do you think that prosecutors are Gods? Infalible, holders of the holy truth.

Do you think that Judges are Gods? Infallible, holders of the holy truth.

Nah. Just sharing roles.

They prosecute only when they have 99% confidence

Problem with that is a lot of crimes are let go simply because they don't want to prosecute even a "good-but-not-99%-good" chance

As for my understanding, we must use different actors in the judicial system to avoid mistakes.

Giving all the power to the prosecutor is prone to fail.

The lawyers and judges are puppets of the prosecutor.

Problem with that is a lot of crimes are let go simply because they don't want to prosecute even a "good-but-not-99%-good" chance

Yes. I agree and that is the reason why I think Japanese prosecutors are too passive. and it is true that Japanese prosecutors are helping judges to lessen their duties in a sense by shuffling the cases pre-trial.

But simple fact. False-charge ratio in Japan still much lower than in US.

Let’s look at US, the world greatest imprisonment heaven. 2.2million imprisoned 25% of entire world imprisonees. The number of victims falsely charged 24 thousands since 1989. False-charge in US is no way comparable to Japan. Think twice what does fast humane process before prosecution/trial has been causing.