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Surveillance proposed by defense team likely helped Ghosn secure bail

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Only 8.9 percent of defendants denying charges were granted bail before the commencement of their trials in 2016, according to the latest Supreme Court data.

How many actual defendants applied for bail? This number could mean anything really. It's still a very low number but backs up my contention that the cops keep people in jail until their either confess, or they get released because they cant get any evidence to convict!

10 ( +18 / -8 )

Why couldn’t the judge have simply set the conditions for bail in the first place rather than waiting for a proposal from prosecutors that was acceptable?

13 ( +23 / -10 )

Amid fears Ghosn's release could interfere with the ongoing investigation into the aggravated breach of trust case related to the transfer of derivatives losses, other senior prosecutors expressed anger, with one saying the court had "succumbed to outside pressure."

Translation: How dare the court deny prosecutors the ability to coerce and confession and actually allow a defendant the possibility to win in court!! -- The prosecutors.

The prosecutors don't care at all about real justice!! They just care about winning and their own careers!!

13 ( +22 / -9 )

Compromises have to be made by both sides to reach a deal.

-10 ( +11 / -21 )

Why couldn’t the judge have simply set the conditions for bail in the first place rather than waiting for a proposal from prosecutors that was acceptable?

It's not how the system works here is probably the easiest answer.

6 ( +14 / -8 )

And it has nothing to do with .....

"Through a team of lawyers his family submitted a document on Monday to the U.N. Working Group on Arbitrary Detention - Office of the United Nations High Commissioner for Human Rights Geneva."

as stated in Tuesday's (3/5/19) JT. Or just a coincidence in timing?

-4 ( +7 / -11 )

Everyone knows the report to the U.N. had something to do with it. Didn't his previous defense team offer up something like that? So why this time then?

4 ( +14 / -10 )

He proposed the same things on both of the previous appeals for bail, but they were denied on the save grounds. The only thing that is different is, the complaint made to the UN about human rights abuses. I’m still quite sure this was a major determining factor in his release.

8 ( +17 / -9 )

A few observation...

Amazing that the media has to speculate on the reason for granting bail. Goes to show that the Japanese justice system is (still) rather non-transparent, despite the about face.

Saikawa san is appears to be laying low, not a peep out of him, nor any media scrutiny or interest.

Someone inside Nissan (and possibly Renault) as well should be held accountable for the repeated under reporting (which amounts to tax evasion, nevermind market integrity issues), and which span years after years. What is Ghosn's strategy in relation to this issue? Throw Saikawa under the bus to save himself? Or will corporate Japan sweep it under the carpet and put pressure on law enforcement to do the same?

-3 ( +8 / -11 )

Everyone knows the report to the U.N. had something to do with it.

I would beg to disagree, no one know anything, even the media is speculating on why the court has has an about face.

The UN Working Group on Arbitrary Detention is meaningless to the Japanese justice system, as is the case with every other country's justice system, it is a working group, a chardonnay sipping junket, and if it had any power to wield, it'd have started with China et al.

-4 ( +9 / -13 )

Lol ummmmm no. The obsessive need to look good in other people's eyes especially with the Olympics around the corner was primary motivator.

4 ( +12 / -8 )

Apologies for any misunderstanding. My comment "Everyone know the report to the UN had nothing to do with it" was sarcasm as nothing is mentioned in the story.

-2 ( +7 / -9 )

*Amid fears Ghosn's release could interfere with the ongoing investigation into the aggravated breach of trust case related to the transfer of derivatives losses, other senior prosecutors expressed anger, with one saying the court had *"succumbed to outside pressure."

Even prosecutors know that the UN report influenced the decision. Japanese people are only tough around other Japanese people. When they have to face international scrutiny, they fold like origami. That is why Japan has a history of retreating into the bubble and isolating themselves rather than losing face.

LOL!

4 ( +13 / -9 )

Surveillance proposed by defense team likely helped Ghosn secure bail

Yeah right! Who the heck comes up with this garbage?? Seriously??

cracaphat

Everyone knows the report to the U.N. had something to do with it. Didn't his previous defense team offer up something like that? So why this time then?

You beat me to it! There is NO WAY he would have gotten bail if this hadn't been referred to the UN. As others have previously correctly pointed out, the only way to change anything in Japan is through international naming and shaming. One thing the Japanese REALLY hate is international NEGATIVE coverage of their country. And it was pretty damn quick how he got bail when word leaked out that this was being taken to the UN.

8 ( +16 / -8 )

Do the hustle

He proposed the same things on both of the previous appeals for bail, but they were denied on the save grounds. The only thing that is different is, the complaint made to the UN about human rights abuses. I’m still quite sure this was a major determining factor in his release.

I'm willing to go a step further and say this was THE determining factor in his release.

2 ( +10 / -8 )

The obsessive need to look good in other people's eyes especially with the Olympics around the corner was primary motivator.

Yep, and don't forget the Heisei Era is about to end, which is why all the Aum Shinrikyo people were suddenly hanged last year. Don't want the third-world state of Japanese "justice" getting in the way of the Imperial succession and the Olympics, do they.

4 ( +12 / -8 )

as his prolonged detention had attracted international criticism and Japan had been accused of operating a "hostage" justice system, in which criminal suspects are held for long periods to coerce confessions.

Just as many people here thought. What a farce. Anything to save face.

3 ( +11 / -8 )

The one word to sum up why Japan was ""forced"" to grant bail is...……..

GAIATSU!!

All the APPROPRIATE media coverage of Japans utterly barbaric, dictator, NKorea lovin ""justice system"" & with the case being referred to the UN as icing on the cake & the "judge" caved to foreign pressure! Simple as all that

What I find scary as HELL is the mindset of prosecutors & judges:

Judges at the Tokyo District Court had said Ghosn should be released if possible as his prolonged detention had attracted international criticism and Japan had been accused of operating a "hostage" justice system, in which criminal suspects are held for long periods to coerce confessions.

OMG!! The judges & prosecution CANT even see that they ARE IN FACT doing exactly that, taking people hostage & forcing them to confess & have been doing so for forever!! The system isn't even 3rd world in their ""rationale"" off the charts primal

2 ( +11 / -9 )

since Mr. Ghosn suggested similar conditions previously (including a tracking device attached to his person) I have to ask 'who ordered this change in stance?'. PM Abe comes to mind, since he's the current shogun, and also since he's keen to be an 'international player', and because Japan will play host to the Olympics next year and thus will be under international media scrutiny. who knows really, what goes on behind the scenes....

1 ( +9 / -8 )

Just watched his release at least 20 times in 15 minutes. What a farce. A body double wearing a Don Quotey wig? Carlos bundled into a k car? Wearing a reflective harness? Just in case he runs. And the uniform paper mask. He had fire in his eyes and pep in his step, the juvenile antics of the prosecutors have given him a second wind rather them broken him. I'm guessing his 65th birthday on Sunday will be his best ever. Might be the last time politicians and the corporate minions get to manipulate the clueless prosecutors into being their hit squad.

4 ( +11 / -7 )

"Hostage Justice" to me it is "ijime or Harassment (Bullying) justice.

Bullying is rife in all facets of life in japan.

2 ( +10 / -8 )

The difference maker here is, Japan was put on Blast with the UN!

A piece of gossip was introduced to the UN dinner conversation, and just like that japan got chapped lips:)

Who loves the UN and supports them 100% JAPAN!

Who will do anything to present a compassionate understanding international hospitable country? JAPAN!

Who spends million in humanitarian assistance so the UN will look to them favorably? JAPAN

Tupperware is what Japan sells, to the international community! Just ask Carlos, its all plastic!

-2 ( +7 / -9 )

The previous defense team led by Motonari Otsuru, a former head of the special squad of Tokyo prosecutors, initially proposed having Ghosn stay in France or at the residence of the French ambassador to Japan in Tokyo.

That’s just insane! It’s not as if the judges weren’t looking for the easiest way to pass the buck and to deny the request as long as humanly possible. It’s what they do. Denial of requests is a high level art form after all and these guys are masters. Why would Ghosns previous lawyers even contemplate that this could have worked?

1 ( +7 / -6 )

Amid fears Ghosn's release could interfere with the ongoing investigation into the aggravated breach of trust case related to the transfer of derivatives losses, other senior prosecutors expressed anger, with one saying the court had "succumbed to outside pressure."

This statement is so wrong and damning of the Japanese judicial system.

Firstly it simply says prosecutors are not capable of doing their jobs without cohersing a confession.

They expressed anger! This is really strange and completely unprofessional! Why would you feel personal anger at all? Ghosn has done nothing to you personally. Indeed as senior prosecutor you decided to take on the case. Betrayed perhaps that what was agreed in a back slapping session behind doors has now changed now that sufficient focus from outside Japan is rightly directed at the “hostage style justice system” it is currently practicing. Angry perhaps at the prospect of losing his job now that the playing field has now evened up to simply fair.

Just like spoiled little children having a hissy fit and simply showing their gross incompetence to the world. I sincerely hope Ghosn and his team trounces the entire bunch in court. If this doesn’t get made into a movie or documentary by Netflix Ill eat my hat and we are not even half way!

-2 ( +9 / -11 )

I wonder how many steaks Ghosn ate yesterday

I think he won't ever eat rice again LOL

-1 ( +6 / -7 )

I guess before the first steak he headed for the nearest conbini and got some fried chicken and a beer.

8 ( +12 / -4 )

@drlucifer "Hostage Justice" to me it is "ijime or Harassment (Bullying) justice. Bullying is rife in all facets of life in japan.

I agree! You have identified the basic issue very nicely. Society in Japan, including the justice and government, really doesn't have the same understanding of what "ijime" is . The issue with hostage justice is strictly "ijime".

Glad the world is taking notice to help Japan understand the concept.

1 ( +8 / -7 )

a senior prosecutor was critical of the court-approved conditions for Ghosn's release on bail, saying the installation of security cameras at his residence will not be effective as Ghosn "can meet anyone once he leaves the premises."

Of course for prosecutors the most favourable condition is to put suspect in detention as long as they can so they can get confession no matter is true confession or false as long as they confess like they do in the past.

0 ( +7 / -7 )

Ghosns new team of lawyers = Much much better!

Security measures key to his release = Seriously doubt that.

Letter to the U.N = Major impact.

Hostage Style Justice System - ABSOLUTELY believe that!

Senior prosecutor critical and upset = PRICELESS!

They shouldn't be angry that Japan's judicial system did what was in their best interest. ( Duh )

They should be angry that Nissan is using the system to commit this very ugly corporate coup d'etat.

They should have handled this internally.

5 ( +12 / -7 )

Careful Japan, the victim has a lot of power in the world we live in today. This NISSAN scandal could be just the tip of the iceberg sinking many more Japanese companies in the process.

2 ( +10 / -8 )

Anyone else ever heard of a judge setting a $9 million bail? And it's not like the country is exactly full of bail bondsmen...

-3 ( +6 / -9 )

Letter to the U.N = Major impact

The judicial system is supposed to be above politics, do you honestly think Japanese lawyers would advertise to the world that they'd buckle at the knees to a toothless pussy cat calling itself the UN Working Group on Arbitrary Detention?

-1 ( +7 / -8 )

yakyak, is it not a deal ? or you would prefer "conflicts have to be made by both sides to reach a deal ? "

Again it was me to publicly announced here to the world that Ghosn made a right decision to change his lawyers.

-2 ( +6 / -8 )

Compromises have to be continually made to get Ghosn fully released. No other choices. Ghosn isn't an enemy, as simple as that.

-2 ( +6 / -8 )

expatToday 10:29 am JST

Anyone else ever heard of a judge setting a $9 million bail? And it's not like the country is exactly full of bail bondsmen...

Just what do you think the bail is for? It is set according to the defendants available funds, the whole point is that it needs to be high enough to discourage flight. Bail bonds are illegal in every country but the US and, I think, the Philippines, precisely because they undermine the bail system, however most countries aren't in the habit of keeping people locked up until their trials in the first place so bail is a somewhat unusual concept.

8 ( +11 / -3 )

What I find scary as HELL is the mindset of prosecutors & judges:

Many years ago a gai kensatsu (prosecutor who deals with foreigners) told me that he was in charge of allied POW's during the war. Maybe that has something to do with the prosecutors mindset.

-3 ( +3 / -6 )

On a practicle level bearing in mind the long reach of the French secret services, powerful friends one wonders why he simply he was not tried quicker to resolve these difficulties? From my experience he is remains "high risk" despite the bail money and conditions. Now that he is on bail why on earth why he was not electronically tagged and sent to a selected secure destination.

1 ( +1 / -0 )

I find it a bit odd that he's got to have surveillance cameras around his place, he's not under house arrest, I am sure there is a motive somewhere. although there is harsh criticism of the judicial system in Japan, it does high high how lax the UK judicial system is when we let out serious offenders on bail, knowing full well they they will disappear especially if there from abroad.

3 ( +3 / -0 )

All good Japanese are behind U and Hironaka lawyer. U are a GREAT example for us.

-2 ( +0 / -2 )

Today  09:26 am JST

The previous defense team led by Motonari Otsuru, a former head of the special squad of Tokyo prosecutors, initially proposed having Ghosn stay in France or at the residence of the French ambassador to Japan in Tokyo.

That’s just insane! It’s not as if the judges weren’t looking for the easiest way to pass the buck and to deny the request as long as humanly possible. It’s what they do. Denial of requests is a high level art form after all and these guys are masters. Why would Ghosns previous lawyers even contemplate that this could have worked?

Hats off to you, Ricky Kaminski13 for spotting the real story in this article.

Ghosn's previous attorney, Motonari Otsuru is the former head of the same special prosecution office that is now prosecuting Ghosn. Although he is now a privately-practicing lawyer working for defendants, the 'team Japan' thinking would never have left him, especially since he's now sitting across the table from all of his proteges who are desperately trying to get a win and avoid losing face. What better way to give his former underlings a helping hand surreptitiously, by suggesting to the court that his current client could be released on bail and allowed to return to his home country while awaiting trial? I'm not surprised in the least that the court was 'stunned' by the suggestion.

If this were any other country with a decent justice system that would be prosecutorial misconduct and grounds for being disbarred.

Ten bucks says that Ghosn was not even aware of the details surrounding his lawyer's first 'attempt' at bail.

1 ( +1 / -0 )

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