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Ghosn's escape leaves Japan red-faced

171 Comments
By Hiroshi Hiyama and Karyn Nishimura

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Ghosn's lawyers personally vouched for his credibility when bail was granted.

He betrayed them.

I really hope, after he becomes President of Lebanon, that he ensures they have a comfortable retirement.

They could lose their licenses because of this.

-36 ( +9 / -45 )

I don't care if he is innocence or not. That he is able to escape is the serious issue. His lawyer is obviously trying to avoid responsibility. We all knew he would run the moment he was granted bail, but his lawyers had guarantee time and time again that he wouldn't. Now look what happen. For him to be still able to escape after gaining so much attention, speaks volumes just how slack the justice system is.

A person who was suspected of misusing funds of Nissan is able to post bail of 1.5billion bail and was able to escape all the way to Lebanon. This already tells you just how much money he has and how much planning went to his escape.

By running,obvious he isn't worried of all the consequences this will bring. He probably thinks he can live well with whatever money he has stash away just to avoid the chance of some jail time. Is not even a death sentence. The rich always escape it seems.

-24 ( +17 / -41 )

Any sane person given the chance would flee rather than face a medieval Justice System based on confession forced or not, that boasts a 99% conviction rate. Once in that system the chance of proving your innocence is 1%.

56 ( +71 / -15 )

"Was there help extended by an unnamed country? 

Cough... France... Cough

-8 ( +10 / -18 )

Carlos Gone

34 ( +37 / -3 )

I seriously doubt that the trial was "just months away" or would have been resolved quickly.  He likely would have seen years at trial and upon likely conviction, years in jail.  I would have done the same given the circumstances and situation.  However, I would have liked to seen how the trial panned out.

40 ( +43 / -3 )

I look forward to seeing his name on an Interpol red notice soon. He won't be able to travel outside of Lebanon ever.

-33 ( +8 / -41 )

So much for closely monitoring Carlos, one of the biggest legal cases today. Perhaps Japan knew he left and was their way to avoid an embarrassing long drawn out court case that they know is weak.

17 ( +25 / -8 )

Interesting that he used a French passport to run off to Lebanon. Is lebanon getting aid from Japan? I don't care enough to do a research. But if it is, it can say goodbye to the aid now.

-22 ( +3 / -25 )

Happy you are free, perhaps not the best method, but at least we can hear your side of the story now.

31 ( +40 / -9 )

> Amnesty International has accused Japan's justice system of creating an environment of "aggressive interrogations" that "risk producing forced confessions and false convictions.

And there you have it!

The system seems to be the problem, not those that flee from its inherent weaknesses....

33 ( +39 / -6 )

Any sane person given the chance would flee rather than face a medieval Justice

He was happy enough to be subjected to the same justice system for 2 decades, the only thing that has changed is he has now been caught out.

A rat and pathological liar hiding in a box to escape justice says it all.

His lawyer should now face charges too, he was instrumental in the bail application. Throw him in the clinker in place of his client is what he deserve.

-43 ( +9 / -52 )

Was smuggled out of his apartment inside a musical instrument case, probably double bass.

12 ( +13 / -1 )

Ghosn's escape leaves Japan red-faced

Not surprising, as anything's possible when you've got enough cash to solve your problems.

9 ( +12 / -3 )

His sudden departure, without anyone on the Japanese authorities side even having a hint that he was leaving, leaving does deservedly put another black eye on a system that needs a few body blows and a knockout!

24 ( +30 / -6 )

We all knew he would run the moment he was granted bail,

Really? I for one was mistaken and thought he wouldn't or couldn't run with the tough bail conditions imposed on him. A quick reminder..

-- Must reside in Tokyo.

-- Cannot travel abroad; must surrender passport(s) to his lawyer.

-- Needs court permission to go on a trip of more than two nights.

-- Must install surveillance cameras at the entrances of his residence.

-- Prohibited from accessing the internet and using e-mail.

-- Can only use a personal computer at his lawyer's office that is not connected to the internet.

-- Banned from communicating with his wife (except, perhaps, under certain conditions).

-- Bail posted of 1.5 bil yen

He also strongly proclaimed his innocence and said he was looking forward to establishing that in court. His escape was a surprise to me and, most likely, almost everyone else.

22 ( +24 / -2 )

Japan reaps what she sows with an archaic justice system that deems you guilty until you admit it. Ghosn flees. Japan is mad and embarrassed.

Japan, instead of being introspective and realizing her justice system is at fault and needs to change the idea of jailing a person until they admit guilt, requires a fair 'innocent until proven guilty' protocol, will now just limit or eliminate bail to the accused, citing 'Ghosn's disappearance'.

33 ( +38 / -5 )

He probably thinks he can live well with whatever money he has stash away

Time for Abe to tap Trump for help to freeze or seize his assets, then use the money to pay Academi or some other private contractor, they'll bring him back.

-31 ( +6 / -37 )

He won't be able to travel outside of Lebanon ever.

I don't know about that. His own wife said that he should stand trial in France. There is too much still unknown to make believable blanket statements.

24 ( +27 / -3 )

Perhaps Japan knew he left and was their way to avoid an embarrassing long drawn out court case that they know is weak.

Either way, letting him go or keeping him locked up, Japan is looking like a fool in its inability to have a fair justice system carried out properly.

23 ( +27 / -4 )

Who can blame him?? At 66, he may only have 10 to 15 years of life left. Now he can enjoy them free of Japanese “justice”.

23 ( +29 / -6 )

Carlos Ghosn set a world record record for the highest price paid ($14M) for a one-way ticket from Tokyo to Beruit.

The prosecutors office doesn’t have a 99% conviction rate because they are that good. They will squeeze a confession and in the absence of one will frequently not bring charges.

One of the reasons they’d been so vindictive about the terms of bail was (I believe) they were getting worried that Carlos would never crack. 

This is not not my usual feeling but I don’t blame Carlos for running. He was never going to get a fair shake (Fun fact: Japanese law has double Jeopardy, so if you’re acquitted, the prosecution can just try again and frequently do.)

Let the justice ministry keep their $14 million in bail. They can use it to wipe the egg off their faces. Maybe use the extra to reform the Justice System. 

I know that I’m not the only one that thinks this because there was no way he could have pulled this off without some serious, possibly foreign government’s help.

36 ( +41 / -5 )

Just the fact that he is a gaijin the Japanese justice system had it out for him. Please to press conferences everyday, pound hard on the Japanese business model, bring that country to her knees. Take your power back, build a much stronger alliance with "KIA" and watch Nissan crumble into the sea.

1 ( +11 / -10 )

I don't care if he is innocence or not. That he is able to escape is the serious issue.

Whether he is guilty or innocent is not the issue here, the issue is was he being treated fairly by the Japanese justice system? He wasn't. His escape was a consequence of it.

22 ( +29 / -7 )

He was happy enough to be subjected to the same justice system for 2 decades, the only thing that has changed is he has now been caught out.

No. He only interacted with the “justice” system once in those two decades.

20 ( +22 / -2 )

If you want to escape Japan, only thing you need is a fiddle and a band

10 ( +11 / -1 )

According to Kyodo News, Lebanese television, MTV Lebanon, reported that Ghosn hid in a box designed for transporting a musical instrument and left on a plane from a regional airport

Slick. Guess the cops watching the constant video feed at the entrance of his apartment didn't suspect anything.

The following conditions were imposed on Ghosn as part of the bail:

-- Must reside in Tokyo.

-- Cannot travel abroad; must surrender passport to his lawyer.

-- Needs court permission to go on a trip of more than two nights.

-- Must install surveillance cameras at the entrances of his residence.

-- Prohibited from accessing the internet and using e-mail.

-- Can only use a personal computer at his lawyer's office that is not connected to the internet.

-- Banned from communicating with parties involved in the case.

-- Needs court's permission to attend a Nissan board meeting.

-- Banned from contacting Nissan managers.

And don't forget no contact with his wife. Might as well be in prison.

2020 is going to be much better than 2018 and 2019 for Ghosn.

19 ( +21 / -2 )

All I know is that Ghosn has screwed up the New Year's holidays for a whole bunch of Japanese bureaucrats -- Ministry of Justice, Immigration Bureau, National Police Agency, Prosecutors Office, Foreign Ministry, Prime Minister's Office, and Nissan management.

Couldn't have happened to a nicer bunch of people!!

34 ( +39 / -5 )

I am not surprised he was able to do this. Japanese authorities are like the American Kids TV show Goof Troop. They mumble, stumble, and fumble in a stooper all over the place. The authorities need to get their heads together.

8 ( +15 / -7 )

Without doubt the best news story from Japan in 2019. I can't wait for further details!

25 ( +25 / -0 )

Ghosn hides in bassist's case to avoid facing the music. Oh, the irony.

18 ( +20 / -2 )

There is a deep conspiracy behind his escape. He entered Lebanon with a French passport. His lawyer was holding his passport. He could have had two French passports, but it is very unlikely. He must have been issued another French passport, which points towards the French government being involved in his escape.

He faced a long and prejudiced trial on charges that have not been founded. His incarceration an extended detention were only to force him into a confession to charges he flatly denies. He should not have been arrested in the first place. It has been stated many times that, the charges he was facing should have been dealt with internally by Nissan. Japan should be very red-faced, but not for his escape. Their draconian 'kangaroo court' injustice system has been put onto the world stage. This is what they are red-faced about.

27 ( +31 / -4 )

Ghosn did what any rational adult that is facing the Japanese “justice” system would do if they had the means.

25 ( +30 / -5 )

Japanese GOVERNMENT is red-faced, not the people, though they ARE embarrassed by the shameful handling of Ghosn.

18 ( +20 / -2 )

Sh1mon M4sadaToday  07:36 am JST

Any sane person given the chance would flee rather than face a medieval Justice

He was happy enough to be subjected to the same justice system for 2 decades, the only thing that has changed is he has now been caught out.

A rat and pathological liar hiding in a box to escape justice says it all.

His lawyer should now face charges too, he was instrumental in the bail application. Throw him in the clinker in place of his client is what he deserve.

Spoken like the Japanese judges and lawyers who would have handled this case. I seems clear only one side of the story would be heard in this case. Nissan has had enough garbage going on even after his arrest to wonder what is really going on in that dirty company.... He may not be completely clean... but I wonder if he isnt the only one... I really doubt any fair trial would have happened. The system in Japan doesnt seem very fair. I would have looked for a way to run also. His lawyer didnt break any laws yet he should go to jail because he bailed? Very typical.

17 ( +23 / -6 )

It's very interested in what Ghosn will say about Japanese prosecutor in the days ahead.

19 ( +19 / -0 )

From the point of view of Justice, this was a debacle. First, prosecutors overreacted, and treated a person charged with financial misconduct like the murderer of the century. Then, they let him escape.

I can only speculate, but it seems likely that, had the prosecutors treated this as a normal white collar crime, where Ghosn were free to immediatelymount a defense, we would have actually had a trial. By trying to control the narrative, the Justice System turned this story into a black comedy.

17 ( +20 / -3 )

fupipoppy: It's very interested in what Ghosn will say about Japanese prosecutor in the days ahead.

you may need to search the news in another country. I don’t think it’ll be a hot topic in Japan news.

14 ( +15 / -1 )

He won't be able to travel outside of Lebanon ever.

Considering how few countries have extradition treaties with Japan, I don't see why.

Also, I'd rather spend the rest of my life in Lebanon than a few years in a Japanese prison. It's quite a liveable country. Mediterranean sea, bars, restaurants etc.

13 ( +14 / -1 )

He must have been issued another French passport, which points towards the French government being involved in his escape.

Ironically, Ghosn was a trustee of the Interpol Foundation for a Safer World which raises funds for the organisation. As such, he would have been issued with an Interpol travel document to use during his work. It's not a real passport in the traditional sense, but it might be the 'passport' in question. Interpol is based in France and his nationality was probably listed as being French.

Another Interpol trustee and Ghosn associate, Arif Naqvi, was arrested at Heathrow Airport last April for his own massive financial fraud in Dubai. When he was taken into custody, he brandished his Interpol Passport and tried to claim some sort of immunity. Presumably Ghosn was following his friend's case closely and it might have given him some escape ideas.

https://www.passport-collector.com/interpol-travel-document/

When he was arrested at London's Heathrow airport, Naqvi had an "Interpol passport," and asked police, "is there not meant to be a red notice?

https://gulfnews.com/business/abraaj-group-founder-and-former-ceo-arif-naqvi-denied-bail-after-being-called-flight-risk-1.1556439205099

6 ( +7 / -1 )

Nissan must be afraid. Prosecutors are also afraid

Good!

Ghosn hid in a box designed for transporting a musical instrument 

Cue the central government response being to provide guidelines for musical instrument box makers to design them in ways that are hard to hide Ghosn sized objects in.

9 ( +11 / -2 )

No. He only interacted with the “justice” system once in those two decades.

LOL, you quoted me ('subjected to') then spew forth and change the entire subject? I feel sorry for your partner...

All who resides in Japan are 'subjected' to its legal system, all the time. They may interact with the system sporadically, but it doesn't mean they are not subjected to it when not interacting.

-13 ( +5 / -18 )

I read twice (I think according to the NYT) that Ghosn was no longer on house arrest. This would mean that he had the freedom to go places unmonitored.

In any case, we now come full circle: It was Nissan that tricked him into coming to Japan so they could arrest him, and now he tricked Japan by leaving. All I have to say is good for him. Japan and all their third world country systems deserve to ne humiliated above and beyond the same way they mentally tried to humiliate him.

15 ( +21 / -6 )

I seems clear only one side of the story would be heard in this case

Fleeing like a rat in a box is never going to air his side of the story. Not only that, he now appears to have implicated his helpers too.

-19 ( +3 / -22 )

I for one was mistaken and thought he wouldn't or couldn't run with the tough bail conditions imposed on him. A quick reminder..

-- Must reside in Tokyo.

-- Cannot travel abroad; must surrender passport(s) to his lawyer.

-- Needs court permission to go on a trip of more than two nights.

-- Must install surveillance cameras at the entrances of his residence.

-- Prohibited from accessing the internet and using e-mail.

-- Can only use a personal computer at his lawyer's office that is not connected to the internet.

-- Banned from communicating with his wife (except, perhaps, under certain conditions).

-- Bail posted of 1.5 bil yen

It's not that hard with these bail conditions. They can spot him leaving the house, but he IS allowed to go on trips even with one overnight. That gives him a lot of chances to break any tails at least once and sneak into some Net cafe to fire off at least one E-mail. Heck, it doesn't even stop him from using a good old telephone! Then find a chance to turn himself into a music instrument and escape with the help of accomplices.

As for people trying to justify all this by blaming Japan's "archaic" legal system, it must be pointed out that the "bad" part of it was already over. He has already made his way through the entire set of interrogations under detention, AND he has made it through without making any lethal confessions. According to the critics' theory that Japanese investigators are useless without confessions, that sets him on course to a win. All he has to do is wait for the trial.

This is not not my usual feeling but I don’t blame Carlos for running. He was never going to get a fair shake (Fun fact: Japanese law has double Jeopardy, so if you’re acquitted, the prosecution can just try again and frequently do.)

Actually, what happens is that the full trio of trials (first, appeal and cassation) are treated as ONE trial. It's not that uncommon in civil law countries, and though it is not happy news, double jeopardy is being weakened in common law countries as well.

It has been stated many times that, the charges he was facing should have been dealt with internally by Nissan

Isn't that a concession that there are real wrongs that can, at the system's discretion, be prosecuted?

-11 ( +7 / -18 )

Good. Everyone deserves access to a justice system, not a hostage system. Japan’s legal apparatus is heavily flawed and totally unacceptable. I look forward to Carlos giving it back 10000 fold.

21 ( +25 / -4 )

@Kazuaki

"... the "bad" part of it was already over." 

Um, no way. Ghosn's lawyers complain they are barred from accessing or viewing the main evidence: extensive documents that Nissan handed over to the prosecutors. A "fair trial" is inconceivable under that circumstance.

I would try to flee too in that situation. I expect most people would.

26 ( +28 / -2 )

If Japan couldn't convict him before, he's now broke the laws and became a criminal fugitive. He just made the procecutors job a whole lot easier. Who's red faced?

He'll be sent back, with chains on his feet this time. At least he won Moron of the Year award on the last day of 2019, credit to him.

-16 ( +7 / -23 )

The rich and powerful can get away with anything after all. But Ghosn’s habitat will be severely restricted as he cannot set foot in countries that have extradition treaties with Japan and also he will be on a international wanted list. Lebanon is reputed to have a nice Mediterranean climate. An ideal place to live in retirement.

-6 ( +4 / -10 )

It'll be interesting to see what Mr Ghosen says now that he is able to talk freely.

10 ( +11 / -1 )

Another LDP lawmaker, Masahisa Sato, said: "If this is true, it was not 'departing the country', it was an illegal departure and an escape, and this itself is a crime.

At this point, I think it all hinges on the outcome of his case. If he is not convicted, then fleeing can’t really be considered a crime.

"Was there help extended by an unnamed country? It is also a serious problem that Japan's system allowed an illegal departure so easily," complained Sato, also a former state minister for foreign affairs.

i wouldn’t call it “easy” - it’s not like he rode first class.

5 ( +5 / -0 )

JeffLeeToday 09:39 am JST

Um, no way. Ghosn's lawyers complain they are barred from accessing or viewing the main evidence: extensive documents that Nissan handed over to the prosecutors. A "fair trial" is inconceivable under that circumstance.

Japan, for better or worse, does not have discovery, so at least Ghosn is not being shafted here for being a foreigner. It's also true there will be a number of hearings, so it is not like they can't prepare countermeasures after seeing it raised in court.

-6 ( +3 / -9 )

Sooner or later that rat will be catched again..

-25 ( +4 / -29 )

Ghosn has become the new Roman Polanski.

-8 ( +3 / -11 )

I wonder if and how this will affect Nissan stock prices.

6 ( +7 / -1 )

Because of complaints about the justice system, judges in Japan have been increasingly granting bail. And have seen an increase in those jumping bail and not showing up in court. I think it’s time for countermeasures such as the use of gps ankle bracelets to be instituted.

Cameras at the entrance to Ghosn’s residence would help prevent him being visited by specific people, but as far as I know his own movements outside his home were not monitored.

Invalid CSRF

-2 ( +1 / -3 )

why is everyone blindly defending this man? Justice system may not be perfect but it doesn’t mean he is innocent. Specially coming from a man from his position.

-12 ( +8 / -20 )

He was a political hostage to begin with. Good for him!

12 ( +14 / -2 )

Ghosn's escape leaves Japan red-faced

I suspect many of those who were supposed to be watching him were red-faced as he made his escape.

He chose the weekend of peak bonenkai season when half the cops in the country are probably in izakaya getting hammered!

12 ( +13 / -1 )

After what he did for Nisan and Japan and all that for a fraction of remuneration similar executives received from their companies he deserved respect instead of a coup and enslavement by Japanese consortium of competing business man and sleazy inhuman justice system. They, Japanese employees of Nisan and affiliated companies benefited more than he did although to a regular man on the street, ilke myself money received by him sounds enormous, it is small compared against other automakers executives remunerations. Insteads of sticking to the law there should be some logical view of things applied here.

9 ( +12 / -3 )

Look, up in the sky! It's a bird! It's a plane! It's Superghosn!

4 ( +5 / -1 )

As for people trying to justify all this by blaming Japan's "archaic" legal system, it must be pointed out that the "bad" part of it was already over. He has already made his way through the entire set of interrogations under detention, AND he has made it through without making any lethal confessions. According to the critics' theory that Japanese investigators are useless without confessions, that sets him on course to a win. All he has to do is wait for the trial.

OMG you have got to be kidding!! The abuse was FAR from over!! Wake up.

I find it insane how many  people defend the indefensible, the  "J-justice system" it is beyond primitive & it mostly sends JAPANESE down the river with forced confessions & shame trials, hell even those that fight for some moral victory & do win......they LOSE, because the penalties etc are so miniscule that it is laughed off.

And the parade of big bi & politicians who certainly appear guilty as hell are CONSTANTLY left free & not even investigated!!

17 ( +19 / -2 )

There will be much stamping of the feet anger for the benefit of the Japanese populace, then...this will fade from the headlines. Japanese authorities would prefer it that way.

10 ( +10 / -0 )

why is everyone blindly defending this man? Justice system may not be perfect but it doesn’t mean he is innocent. Specially coming from a man from his position.

Those who defend him aren't saying he isn't guilty of anything. That's what the courts are for. But his ill treatment and presumption of guilt by local authorities is what people have been supporting him on.

15 ( +17 / -2 )

Just read an article suggesting his wife Carole, and her Lebanese stepbrothers were instrumental (no pun intended) in planning his escape. Wouldn’t surprise me if that’s true as she’s shown herself to be duplicitous before by fleeing the country using a passport she’d hidden from police. It also shows there were good reasons for Ghosn being prohibited from having unmonitored contact with her.

-10 ( +3 / -13 )

Wouldn’t surprise me if that’s true as she’s shown herself to be duplicitous before by fleeing the country using a passport she’d hidden from police.

Not sure what legal reason Japan would have to prevent Carole from leaving Japan.

7 ( +8 / -1 )

why is everyone blindly defending this man? Justice system may not be perfect but it doesn’t mean he is innocent. 

Not blindly defending him, and not judging whether he is innocent or not. This is a matter of the justice system not allowing for fairness in determining whether Ghosn may be innocent or guilty. If Ghosn were found guilty, through a fair process, I wouldn't be defending him, at all.

Everyone wants the criminal justice system to be fair. Whatever one’s values, political affiliations, or ideology, an unfair criminal justice system is a faulty criminal justice system. While what is fair or not is subjective, objectively, Japan should be looking for fairness. It isn't about being perfect, in Japan's case, it simply is too unfair to believe jailed individuals stay jailed until they admit guilt. That's crazy. That's closer to a form of torture to admit guilt, than justice.

Many think Japan's justice system is unfair in its treatment of Ghosn. Ghosn fleeing is what anyone *should* do, if the justice system isn't fair.

13 ( +14 / -1 )

Those who defend him aren't saying he isn't guilty of anything. That's what the courts are for. But his ill treatment and presumption of guilt by local authorities is what people have been supporting him on.

SPOT ON!!!

Astounding how so many cant understand that point!!!

18 ( +21 / -3 )

@JeffLee

Um, no way. Ghosn's lawyers complain they are barred from accessing or viewing the main evidence: extensive documents that Nissan handed over to the prosecutors. A "fair trial" is inconceivable under that circumstance.

I would try to flee too in that situation. I expect most people would.

With all due respect, I think the the trap you (and many others) fall into is assuming that any deviation from the familiar Anglo common law system practiced in your home country must be unfair or unjust. Pre-trial discovery is naturally limited in all civil law jurisdictions due to the radically different role that lawyers and judges play in these systems. Judges, not lawyers, are the fact finders in civil law trials. They will sift through the documents and piece together the facts of the case for themselves, they will actively question the suspect and prosecutors, they will call witnesses on their own accord, they will identify any crimes that have taken place, any abuses that have been committed by the prosecution, and apply any defenses open to the accused even if they aren't pleaded. This is obviously very different from common law systems where judges and juries sit passively while lawyers present a carefully pre-prepared case. Civil law lawyers are not expected to show up to trial with a case ready for presentation. This is why discovery is uncommon and considered unnecessary for a fair trial in most civil law systems.

4 ( +6 / -2 )

LizzToday 07:41 am JSTHe won't be able to travel outside of Lebanon ever.

I don't know about that. His own wife said that he should stand trial in France. There is too much still unknown to make believable blanket statements.

Go Kondo said, 'He's CEO of French company Renault.' If that's the case do you think France is even going to arrest him, let alone send him back to Japan? As for a trial in France we can just forget it.

zichiToday 07:38 am JSTWas smuggled out of his apartment inside a musical instrument case, probably double bass.

And how did the surveillance videocams miss that? Sounds like this was well planned out.

Burning BushToday 07:16 am JST"Was there help extended by an unnamed country? 

Cough... France... Cough

Or Lebanon. Still, right now there are some serious riots going on there because the Lebanese government has got the people angry. Just saying.

1 ( +2 / -1 )

This sure reads like a supercriminal story from a James Bond movie, doesn't it?

2 ( +2 / -0 )

He was happy enough to be subjected to the same justice system for 2 decades, the only thing that has changed is he has now been caught out.

A rat and pathological liar hiding in a box to escape justice says it all.

His lawyer should now face charges too, he was instrumental in the bail application. Throw him in the clinker in place of his client is what he deserve

And when was he subjected to this justice system prior to the all but illegal arrest, this direct face-to-face interaction happened only when he was arrested. By rats and pathological liars I assume you are referring to Saikawa and co, his lawyer will not face any charges, don't you understand your unique legal system.

6 ( +8 / -2 )

starpunk

With some John le Carré thrown in. Carlos did a Ricki Tarr.

0 ( +0 / -0 )

Ghosn...Oh Gosh! He’s a Ghost!

0 ( +1 / -1 )

Carlos may have cooked the books in his benefit, but Nissan knew about it from the start. Their own auditors flagged it the first year. The “whistle blowers” (actually executives who had done the same thing) only “discovered and told police” when it became useful to keep the French auto industry at bay. 

As for Japan’s Justice System, it’s not biased against foreigners, it’s biased against ALL defendants. The police can hold you without charge for up to 23 days for questioning. They can be questioned for up to 16 hours a day. 

What happens if the defendant doesn’t crack (and almost all do)? Arrest them on one count, throw on another suspected count and start all over. 

The entire process is reliant on a confession as the gold standard of guilt evidence be damned. So prosecutors will do almost anything to get one.

15 ( +16 / -1 )

If Japan couldn't convict him before, he's now broke the laws and became a criminal fugitive. He just made the procecutors job a whole lot easier. Who's red faced?

He'll be sent back, with chains on his feet this time. At least he won Moron of the Year award on the last day of 2019, credit to him.

Good luck with that. Lebanon does not have an extradition treaty with Japan... And do you honestly think they would extradite him even if they did after all the stuff that has happened to him?

10 ( +11 / -1 )

zones2surfToday  08:12 am JST

Comment of the Year! Yeah, I know the year's just got started but still great comment! I too am not sad to see the New Year holidays ruined for some of the Japanese bureaucrats and prosecutors involved in this case.

9 ( +9 / -0 )

Pink panther hid in musical instrument case' during escape from Japan.

8 ( +8 / -0 )

i missed the specifics of how it all unfolded...but did Ghosn just show up on TV from Lebanon--is that how Japan (and everyone else) found out he fled? or did they find something in Tokyo first, like not reporting at a certain time?

A perfect time to flee Japan, with millions traveling around the country and overseas at the end of new year, i guess checking a musical instrument case is low on the list of priorities.

9 ( +9 / -0 )

Pulled a Houdini on 'em!

4 ( +4 / -0 )

Like everyone else that's been following this story from the start, we will finally get to hear his side of the story

6 ( +7 / -1 )

CrazyJoeToday 11:26 am JST

Carlos may have cooked the books in his benefit, but Nissan knew about it from the start.

If you lie to me, and I figure out your lie pretty quickly but say nothing, that does not mean you did not lie, does it? If we had some kind of legal obligation to be honest to a third-party, that might make me some kind of aider, but you are still the Principal, it can also be said me not doing anything is not Action, but only Inaction. Such distinctions can be the margin between a criminal case and not one.

The police can hold you without charge for up to 23 days for questioning.

Technically, the police can only hold you for two days, the prosecutor for 1 more (or the prosecutor can have 2 days for himself only). The courts authorize the remaining 20 days.

They can be questioned for up to 16 hours a day.

Actually, no longer true. Starting Heisei 20, the limit in principle is 8 hours and night-time interrogation not allowed.

The entire process is reliant on a confession as the gold standard of guilt evidence be damned. So prosecutors will do almost anything to get one.

Let me point out some things. First, there isn't a system in which confessions (if you can get them) don't significantly make things easier. Second, the best evidence can do is establish the Objective side of the crime. We have not learnt yet to read minds, so interrogations are the only way to really establish the Subjective side.

In the absence of anything from the suspect (because of limited interrogation times and an ever-present lawyer blocking everything), the criminal system is practically left with strategies like:

1) The plea bargain, where you threaten excessive punishment to bluff the other guy to plead guilty.

2) Allowing for weak inferences on the subjective side based on objective parameters - for example, if you unfortunately chose to use a knife and the victim dies, it's now inferred you intended to kill him. Obviously, just because your weapon happened to be a knife doesn't necessarily mean you intended to kill the victim, but because the system can get no signal from you such inferences have to be permitted.

On the other hand, a system "used" to confessions can maintain higher standards for the subjective side of the crime. The downside being when one doesn't, the prosecutor now has to assemble other evidence to meet the higher standard, which will necessarily be harder than where standards are lower because it's not deemed practical to get anything from most suspects.

5 ( +8 / -3 )

onsenandbeer2013Today  11:30 am JST

And you missed the point completely. By escaping through smugglors channel he is a criminal now, this is a done deal. And also a criminal in Lebannon since he obviously entered the country using a fake identity.  

The rest of his life will either end up in a cell or being hunt like a rat he is

-11 ( +5 / -16 )

Going, going.....Ghosn. Good on him. Let's see if the truth will come out.

5 ( +6 / -1 )

@Seth

Isn’t he a Lebanese citizen? Not sure he could have entered the country illegally....

7 ( +8 / -1 )

Bugle Boy of Company BToday  10:58 am JST

”Not sure what legal reason Japan would have to prevent Carole from leaving Japan.”

Have you forgotten when Carlos was re-arrested and taken from their residence, and the police confiscated some of her passports but she skipped the country using one she hid from them, her American if I recall correctly.

Star punk, “And how did the surveillance videocams miss [the instrument case being taken from his apartment ]?”

The article I read said there was a performance at his home by a group of musicians.

Invalid CSRF

1 ( +3 / -2 )

Ghosn leaves Japan on a fake passport. Doesn't that show he is really a crook?

-12 ( +5 / -17 )

Getting interesting

7 ( +7 / -0 )

”Not sure what legal reason Japan would have to prevent Carole from leaving Japan.”

Have you forgotten when Carlos was re-arrested and taken from their residence, and the police confiscated some of her passports but she skipped the country using one she hid from them, her American if I recall correctly.

That still doesn't answer to not having a legal reason to prevent her from leaving Japan, and the Japanese attempting to take all her passports. It further's the case that Japan's justice system is unfair. Being Ghosn's wife is not a legal reason.

9 ( +9 / -0 )

Actually, no longer true. Starting Heisei 20, the limit in principle is 8 hours and night-time interrogation not allowed.

Stupendous improvement. Doesn't negate the fact that an individual is still being treated guilty until proven innocent

6 ( +8 / -2 )

According to Kyodo News, Lebanese television, MTV Lebanon, reported that Ghosn hid in a box designed for transporting a musical instrument and left on a plane from a regional airport, without citing sources of information. 

"This? Oh, it's a new top secret one-of-a-kind musical instrument called a ghosnophone."

10 ( +10 / -0 )

Ghosn said Japan is corrupt. Where does anyplace get a 99 per cent conviction rate. That tells me all I need to know.

9 ( +12 / -3 )

Good luck defending the Japanese justice system. There’s one thing you have not considered - Japan strips a suspected person of his basic human rights. Keyword is suspected. Ghosn’s alleged crime is financial misconduct, he is not a threat to society and no reason for his 100-day detention. I think what’s difficult for J-proc and their defenders is using logic. They can’t decide on a case-to-case basis and just follow some archaic rules written in their rule books.

6 ( +10 / -4 )

Japanese “justice” just can’t stop embarrassing itself

10 ( +12 / -2 )

Where does anyplace get a 99 per cent conviction rate. That tells me all I need to know.

English Canada. They also have a 99% conviction rate if you exclude the province of Quebec (which operates its own unique legal system accounting for 99% of all acquittals in the entire country). It's a 97% conviction rate if you include Quebec.

A finding of “not guilty” was the result in just more than 3% of the more than 390,000 criminal cases in the country in 2008-2009, according to data recently released by Statistics Canada.

If Quebec is excluded from the totals the percentage drops to a little more than 1% — just 3,570 people acquitted in the rest of the country last year.

https://nationalpost.com/news/canada/just-3-of-criminal-cases-end-in-aquittal

Ultimately, the conviction rate is meaningless without more information. There are many reasons why a country might have a high conviction rate. In Japan, prosecutors are conservative and reluctant to pursue speculative cases where the evidence is not overwhelming. Where a suspect refuses to confess, the case might be abandoned. The lack of plea deals has meant that cases which would never go to trial in countries like the US are counted as convictions in Japan.

3 ( +5 / -2 )

This whole thing has been so farcical. Maybe they'll make a movie about it with Rowan Atkinson starring as Ghosn.

7 ( +7 / -0 )

Sunfunbun, “That still doesn't answer to not having a legal reason to prevent her from leaving Japan, and the Japanese attempting to take all her passports.”

If you don’t remember the details, I’ll let you do your own research. Hint: there was something a about money funneled to a company in her name, a yacht, etc.

2 ( +3 / -1 )

I foresee a new movie...no, Disney. Sit down. Anyone else?

0 ( +0 / -0 )

Any sane person given the chance would flee rather than face a medieval Justice System based on confession forced or not, that boasts a 99% conviction rate. Once in that system the chance of proving your innocence is 1%.

I agree. If the justice system were fair and not a kangaroo court system as it stands, the man wouldn’t have needed to flee, but as we have witnessed on multiple occasions time and time again, not only is the judicial system rigged, but unjust on every level. I do believe the man is scum, but like with every criminal, he should have at the very minimum a fair trial. But seriously, the system the way it is, who would honestly wait it out if given the opportunity to flee? I know I wouldn’t.

-3 ( +4 / -7 )

justaskingToday 12:58 pm JST

Ghosn’s alleged crime is financial misconduct, he is not a threat to society and no reason for his 100-day detention

Well, Ghosn has just supplied the reason, did he? Basically courts don't let people go if they are flight risks. Of course, like precrime you never really know whether a person is a flight risk unless they are physically incapable of running, so it is always guesswork and all courts have different tolerances. While Ghosn has not run you can argue he's not a risk, but now that he did and without necessity*, that question is settled against him.

*By necessity, I mean if for example he desperately needs a kidney that's only available halfway around the world to survive.

0 ( +6 / -6 )

Ghosn said Japan is corrupt. Where does anyplace get a 99 per cent conviction rate. That tells me all I need to know.

Well, there is one I know. China.

1 ( +2 / -1 )

From Wikipedia:

In Japan, the criminal justice system has a conviction rate that exceeds 99%, including guilty plea cases. This has been attributed to low prosecutorial budgets impelling understaffed prosecutors to bring only the most obviously guilty defendants to trial.

11 ( +11 / -0 )

Was the detention only because he is a flight risk? What about no contact to the outside world? Not even his wife? If the prosecutors can’t get a conviction based on evidences they can gather while a fugitive is at large, then they are inarguably incompetent and need to go back to school.

6 ( +8 / -2 )

2019's Edogawa Conan movie featured Conan being smuggled into Singapore inside a musical instrument case because he didn't possess a passport. I posit that Ghosn watched this movie and it gave him some ideas...

2 ( +3 / -1 )

Another LDP lawmaker, Masahisa Sato, said: "If this is true, it was not 'departing the country', it was an illegal departure and an escape, and this itself is a crime.

Unjust laws will be broken without evoking any guilt . I'm sure in the eyes of many people around the world, especially those who know Japan's justice system, know how criminal itself is , and sympathizes with Ghosn's action. I urge lawmaker Masahito Sato and company to realize that as much as they are Japanese, they are NOT living in another universe, but with the rest of us. Therefore make laws in tandem with that universality.

8 ( +12 / -4 )

Kind of reminds me of The Shawshank Redemption, get busy living or get busy not dying ...but sitting in a Japanese Jail for most of your life even if innocent...

4 ( +5 / -1 )

LOL, you quoted me ('subjected to') then spew forth and change the entire subject? I feel sorry for your partner...

All who resides in Japan are 'subjected' to its legal system, all the time. They may interact with the system sporadically, but it doesn't mean they are not subjected to it when not interacting.

Yeah, that’s not what you were talking about; nice try to weasel out of it though. Being subjected to a legal system is widely accepted to mean being caught up in the courts.

3 ( +5 / -2 )

I do believe the man is scum, but like with every criminal, he should have at the very minimum a fair trial.

Ghosn hasn’t been found guilty of anything, so why are you calling him scum? You constantly screech at the top of your lungs, “GUILTY UNTIL PROVEN INNOCENT!” whenever a conservative is accused of something.

9 ( +12 / -3 )

I am curious if the trial will proceed without the defendant present?

0 ( +0 / -0 )

Guilty or not guilty, I’m more interested how that happened and the connections needed to escape.

There are huge security holes in Japan.

Invalid CSRF

1 ( +1 / -0 )

@ Tumble Dry

Guilty or not guilty, I’m more interested how that happened and the connections needed to escape.

There are huge security holes in Japan.

Apparently they invited a music band to play somewhere in Japan,( still don't know location) . When the musical gig finished the band group packed its instruments with Ghosn inside one. A private jet was waiting at a remote airport ( Don't know where/ which) All the instruments, Ghosn in one of them went into the jet and ..psshhhhh...

All this ? Courtesy of a wife who's seen her husband mistreated and had had enough. A modern day Joan of arc of arc in the person of Carole Ghosn...planned all this and caught today's versions of Samurai warriors with their Hakamas down .

9 ( +9 / -0 )

@ TumbleDry

Apparently the people moving the band instruments from gig location to the jet were special forces of some kind... so it's said.

1 ( +1 / -0 )

John S. WhitfordToday  07:23 am JST

I look forward to seeing his name on an Interpol red notice soon. He won't be able to travel outside of Lebanon ever.

Yes he will, as long as he avoids South Korea and the U.S.A. Those are the only two countries with which Japan has an extradition treaty for the type of crimes he's accused of.

5 ( +5 / -0 )

@Cogito Ergo Sum interesting.

2 ( +2 / -0 )

Educator60Today  12:27 pm JST

Have you forgotten when Carlos was re-arrested and taken from their residence, and the police confiscated some of her passports but she skipped the country using one she hid from them, her American if I recall correctly.

She was not under arrest and she had not been charged with any crime. So under what authority did the police confiscate her passports?

That the police can just willy-nilly seize people's passports when they haven't been arrested or charged with a crime should disturb everyone.

16 ( +16 / -0 )

I think he has some serious dirt on Nissan, and will use it as leverage. He is not a stupid guy, just got fed up, and saw an opening and made a run for it.

A more better option would of been to take some sort of deal, then spill the details later. Holding out in 99% conviction rate Japan, fools game IMO.

The situation in Lebanon is not good, hope he can hold out. Otherwise he will end up like Assange.

3 ( +5 / -2 )

Well, we are where we came from, and dude is from Lebanon, so at least he is home.

Wrong or right? I wont judge.

Maybe he can become a politician there, at least they will appreciate his efforts

He helped Nissan much, but like allot of things in Japan, ended up broken.

3 ( +4 / -1 )

details about his escape starting to appear in overseas press....

Many details of the escape remain unclear. However, Lebanese TV station MTV reported that a Gregorian band played a Christmas concert for Ghosn at his apartment in Japan, before he was spirited away in one of their larger instrument boxes in a plot masterminded by his wife Carole and supported by ex-special forces soldiers.

He is thought to have boarded a chartered Bombardier jet from an airport in Osaka to Istanbul, landing in Turkey at 5.30am local time on Monday. He is thought to have then switched to another plane which took off 40 minutes later bound for Rafic Hariri Airport in Beirut.

6 ( +6 / -0 )

Any sane person given the chance would flee rather than face a medieval Justice System based on confession forced or not, that boasts a 99% conviction rate. Once in that system the chance of proving your innocence is 1%.

Hilarious. I didn't know Gone thinks his confession was forced.

-13 ( +0 / -13 )

So..a deputy Japanese foreign minister visited Beirut 10 days ago....And then Ghosn ends up in Beirut. Hmmm!

5 ( +6 / -1 )

Ghosn hasn’t been found guilty of anything, so why are you calling him scum? You constantly screech at the top of your lungs, “GUILTY UNTIL PROVEN INNOCENT!” whenever a conservative is accused of something.

Ghosn has run away from the trial. It seems to me he admitted the wrongdoings he done. Japanese prosecutors interrogation is very terrible but trial process is as normal as other countries. He should fight in court in Japan. He has a good lawyer and supporters. This is only way he can prove innocent. He may be acquitted years later after all. He is now a fugitive and look like a criminal. Whatever Ghosn insists about excuses of escape that his wife and his operation team planed. Illegal escape from Japan seems not good persuasion at all.

-10 ( +3 / -13 )

Ghosn has run away from the trial. It seems to me he admitted the wrongdoings he done. Japanese prosecutors interrogation is very terrible but trial process is as normal as other countries. He should fight in court in Japan. He has a good lawyer and supporters. This is only way he can prove innocent. He may be acquitted years later after all. He is now a fugitive and look like a criminal. Whatever Ghosn insists about excuses of escape that his wife and his operation team planed. Illegal escape from Japan seems not good persuasion at all.

I agree.

-8 ( +3 / -11 )

@Educator60:

just one question... how can you come in Japan with one passport and leave with another one when you are a foreigner?

Invalid CSFR

2 ( +2 / -0 )

What he did was illegal and I fear for what this may do to other bail applications by foreigners, but totally support his view that Japan’s system is medieval and unfair. In my own small way I have experienced it myself when I was told once that unless I admitted a traffic offence, the alternative would be many hours at the police station. The Japanese justice system is seriously flawed.

It will be interesting to see what statements Ghosn makes. There will be quite a few current and former Nissan executives who will not be sleeping well in coming days!

It’s controversial, but I for one am happy that maybe this will bring Japan’s corporate and enforcement practices to light on the international stage, and just in time for the Olympics when the eyes of the world will be on Tokyo.

3 ( +8 / -5 )

The GOOD news is that he can now be properly reunited with his spouse after having been inhumanely prohibited by the Medieval INjustice system.

6 ( +8 / -2 )

Japanese justice has been shown to be disgracefully injust by this whole episode and the Japanese authorities have been shown to be amateurish and clownish.

It really is a humiliation for Japan.

What particularly disgusted me at the start of the case was the prosecutors constantly leaking information about Ghosn's supposed misdemeanors... an amateurish effort to bias public opinion against him.

Pathetic and disgraceful but apparently the norm in Japan.

8 ( +10 / -2 )

I must confess that I bought into the "they've let him go to avoid an embarrassing trial" theory, but if he's gone in a music case through a major airport, there is no way that could be true. This screams laughable incompetence by the security people.

As everyone says, what a story.

5 ( +6 / -1 )

Smells to high heaven. 2020 Olympics, can't have a trial.

It's not that easy leaving Japan

0 ( +3 / -3 )

Some international reporting (WSJ) is suggesting that Ghosn would accept a trial conducted in Lebanon, if Japan agrees. This is common practice between countries that do not have extradition agreements and Japan has accepted this before. This would be a good way for Ghosn to prove his innocence on the original charges, and he would be in a much stronger position against the prosecution, with better access to evidence and a greater possibility of being judged more fairly. Nissan and the Japanese prosecutor's office could come out badly, and Ghosn could even be declared not guilty, something the Japanese government would be forced to accept. Of course, if there are new charges on the illegal departure from Japan, he would likely be found guilty on such charges, but this is a more minor matter.

4 ( +5 / -1 )

Either several layers of Japanese security were absolutely inept or the Japanese authorities allowed this to happen in order to save face from a humiliating admission of insufficient evidence to convict or trial loss.

4 ( +5 / -1 )

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.

6 ( +7 / -1 )

Just Spread the word that ghosn have been injected with a virus when he was in custody n only japan has its antidote he will be parceled back tomorrow to japan in vacuum sealed pack not to worry

-6 ( +0 / -6 )

The Interpol travel passport is not recognized in Turkey.

So if he used that, how was that possible?

I assumed he had a Fake French passport.

-3 ( +1 / -4 )

Once the Japanese Prosecutor was lured into charging Ghosn by that rat Saikawa, they were snookered. They tried to keep Ghosn inside the tent and stop him pissing out. Now he is outside the tent, he will be seriously pissing on the tent. The Japanese deserve all they get from this. It is not about whether Ghosn abused his position anymore. It is about Japanese corporate corruption and the lengths the system will go to to save face. Ghosn's biggest failing was to save Nissan and to try and turn it into a multinational juggernaut. Well now that he is gone, Nissan is free to self-destruct again, without foreign interference. No foreigner will ever again wish to be a senior executive of a Japanese company.

4 ( +9 / -5 )

MizuameToday 08:12 pm JST

Some international reporting (WSJ) is suggesting that Ghosn would accept a trial conducted in Lebanon, if Japan agrees.

If that's so, it is one of those crappy tactical ploys that cannot be accepted but when refused would be turned into political points. It's one thing if he said he would accept a trial in France or heck even Brazil. But Lebanon?

0 ( +1 / -1 )

I remember clearly, a few posters on JT were stating months ago that, should Ghosn be granted bail, he would skip the country.

They were shouted down and told it would be "impossible" to get out of Japan, that they had been "watching too many James Bond films", etc. Well, they know who they are, and how wrong they were!

3 ( +6 / -3 )

I don't think that Japan being red-faced is the biggest story but how foreigners living in Japan will feel. Their reputation was in part riding on how Ghosn behaved on bail. Now every foreigner will be considered a flight risk and even generally untrustwory.

I remember clearly, a few posters on JT were stating months ago that, should Ghosn be granted bail, he would skip the country.

They were shouted down and told it would be "impossible" to get out of Japan, that they had been "watching too many James Bond films", etc. Well, they know who they are, and how wrong they were!

Absolutely. Anyone who said Ghosn would skip bail was denounced as paranoid or a racist.

-5 ( +4 / -9 )

I'm just waiting for Ghosn to realise he left his toothbrush, and he'll have to do the trip in reverse. The good part is he can stay in the apartment, as it's the last place the cops will look.

-3 ( +1 / -4 )

We now know how justified his bail conditions were, especially the banning of communication with his wife (who I assume was behind planning all of this).

It is really ridiculous that the goods leaving his house were not thoroughly checked and the company and individuals that arranged it should also be suitably punished.

I would truly love to see both Carlos & wife back in Japan and wearing handcuffs - they are making a mockery of Japan.

He is now a criminal, a liar and a fugitive - the press should not give him any air time.

-10 ( +4 / -14 )

I assumed he had a Fake French passport.

There's no need for it to be fake. He probably only had to apply to the embassy for a replacement.

8 ( +8 / -0 )

MrHeisei, it is now Reiwa. Yes, Carlos & wife are making a mockery of Japan's justice system, and so they should. It is pre-Meiji and deserves to disappear in this wonderful new era.

10 ( +11 / -1 )

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.

While true, it is a pretty sad state of affairs. There are presumably many people who on balance could be found guilty but get off due to a lack of evidence.

In Edo Japan, no crime could be punished without a confession, but any means we're acceptable to extract a confession. This practice essentially still exists today.

It was previously identified as an issue which is why the practice is identified as being unconstitutional.

1 ( +3 / -2 )

Brought this up with my j in-laws they said he’s a bad guy cos of his untrustworthy face. I zipped the lip as well as I could but I brought up Sakawa the snake getting away scot free and they thought he was still ceo so I gave up. My point being it’s going to be interesting how Ghosns press conferences are “reported” here.

10 ( +11 / -1 )

Amazing turn of events. How that he did this is not interesting. That he did this is so interesting.

2 ( +2 / -0 )

Ghosn's escape leaves Japan red-faced

And Japan left half of the world red-faced when it lured Ghosn to Japan under false pretenses only to arrest him on suspicion at the airport, interrogated him without the presence of an attorney, extended his detention indefinitely, re-arrested him on fresh allegations, banned him from seeing his wife, leaking one-sided accounts to the press, turning a blind eye to Saikawa’s involvement, and most infuriating of all, withholding evidence from the defense attorneys.

Japan has indeed created an environment of intimidation and abuse to produce a forced confession, all based on suspicions. When Ghosn realized that his own defense team could not access thousands of documents from the prosecutors to prepare for the trial, he realized this was a no-win situation. Any reasonable person would realize this could never be a fair trial given that the prosecutors were withholding documents from the defense team.

I am glad Ghosn took matters into his own hands, although we can not be certain if political maneuvering was not at work behind the scenes to create a situation where Japan allows Ghosn to escape. Perhaps we’ll learn in time.

12 ( +13 / -1 )

And Japan left half of the world red-faced when it lured Ghosn to Japan under false pretenses only to arrest him on suspicion at the airport, interrogated him without the presence of an attorney, extended his detention indefinitely, re-arrested him on fresh allegations, banned him from seeing his wife, leaking one-sided accounts to the press, turning a blind eye to Saikawa’s involvement, and most infuriating of all, withholding evidence from the defense attorneys.

It seems a lot of people are unwilling to accept this most critical and important point.

2 ( +6 / -4 )

@HJSLLSToday 11:09 pm JST

when it lured Ghosn to Japan under false pretenses only to arrest him on suspicion at the airport

Do you propose to ban the use of cunning by police in the arrest of suspects?

interrogated him without the presence of an attorney

As is standard in Japan. On the merits, the presence of an attorney seriously degrades the information you can get from a suspect.

extended his detention indefinitely, re-arrested him on fresh allegations

As they might legitimately do as they find more evidence. Further, now that we know for sure he is a flight risk, I really cannot blame the prosecutors for trying to keep him inside a detention facility for as much of the period before trial as possible.

banned him from seeing his wife

Boo-hoo, now that we know what kind of person his wife is, I am much more understanding.

leaking one-sided accounts to the press

Speaking hypothetically, if they had mumbled No Comment, JapanToday's crowd will interpret it to mean they have nothing on him.

turning a blind eye to Saikawa’s involvement

Whether Saikawa did something has little to do with whether Ghosn did something, does it.

most infuriating of all, withholding evidence from the defense attorneys.

Again, as is typical so he wasn't being shafted. They presumably want to making a fishing expedition in the hope of finding something exculpatory, but there isn't much reason to believe it is there. The evidence will be presented in court and there will be multiple hearings. They'll have their chance to respond.

-14 ( +2 / -16 )

Well played. He would never have gotten a fair trial here because his arrest was a frame up. The DoJ and the Tokyo Prosecutors' Office need to be held to account, and subject to international scrutiny. "Japanese justice" is an oxymoron.

6 ( +8 / -2 )

In retrospect and when thinking about, participating in that system in japan is clearly borderline suicidal, even if seeking refuge from something else. I met someone who lived there for so long, they said they felt like a P.O.W. Inside and outside of the torture chamber he was thrown in.

Cannot really blame Ghosn for ghosting. but I think it is also possible he was let go. guy seemed to have done a lot for nissan. i personally would never work for a japanese company.

4 ( +6 / -2 )

I am curious to know if Japanese Law allows for "Trial in Absentia" for those accused of a crime but are unable to be located? Since the Japanese Government does not seem to have a formal extradition treaty with the Government of Lebanon, this seems to create a significant challenge for the Japanese Government in general and the Tokyo Prosecutor's Office in particular to secure the return of Mr. Ghosn. I did read in an earlier comment that perhaps both the Government of Lebanon and the Japanese Government can reach an agreement whereby Mr. Ghosn could be tried in Lebanon. However, if this does become a possibility, then, if Mr. Ghosn is convicted of the crimes for which he has been accused, including illegally exiting Japan without approval by the Japanese Government, then, how will the Japanese Government be able to move forward (Department of Justice/Criminal Courts of Japan) with handing down a consequence, i.e. Conviction & Sentence?

This case appears to be far from over and 2020 may continue to see the Carlos Ghosn Case in the media headlines, not only in Japan, but worldwide.

Thank you so very much.

Please accept my best wishes for a positive New Year in 2020.

Many thanks,

Mark Kazuo Bradley

2 ( +2 / -0 )

What is he running from? Something more here? Hmmm. Lebanon? Terrorist associations? Where was the Mideast money to dealerships going?

-9 ( +0 / -9 )

@Kazuyuki

Just because withholding evidence from the defense is tradition does not make it right or the least bit fair. If the defense is not given access to the same evidence as the prosecutors, what is the defense defending against? They are simply made to react to surprise evidence presented in court and allowed little time to prepare a response. The point of a court hearing is to allow both contesting sides to present their interpretations of what happened to an impartial judge or jury. The legal process is a science we should all strive to improve - not something you make up just to fit traditions. Exercise logic.

7 ( +9 / -2 )

So it's better in his eyes to be a fugitive from justice then go through the trial process. All his talk about wanting to clear his name through the trial in Japan was complete bs. He's already pleaded guilty in the US and paid a large fine to the SEC. All this makes me think is that he truthfully was a corrupt scumball who gamed the system at Nissan and Renault. If he is so interested in clearing his name, why flee to Lebanon ? A country where corruption is rampant and people have been protesting corruption for weeks now. Apart from his Lebanese citizenship, it's probably because he thought once again he could game the system in Lebanon and ensure he wouldn't be extradited to Japan. I firmly believe Renault and Nissan are better off without him, Nissan was a shell of it's former self the last few years as it tried to fulfill his astronomical sales projections. The net result, was marginal cars, mass fleet sales and abysmal quality. I guess the Japanese body politic now wish they would never have bowed to international political pressure and granted him house arrest, which from what I understand is not the norm in Japan for such high profile defendants. He did exactly what the Prosecutors said he would by fleeing. Regardless of what you think about the Japanese legal system, it still is an advanced democratic system. If I were Japan, I'd pull all the aid money I give to Lebanon until the Lebanese agree to an amicable solution.

-3 ( +3 / -6 )

I would truly love to see both Carlos & wife back in Japan and wearing handcuffs -

And I would truly love to see saikawa wearing handcuffs. How about we start with that?

they are making a mockery of Japan.

Good. Japan deserves it based on the way Ghosn has been treated all the while saikawa and co. haven't been touched.

He is now a criminal, a liar and a fugitive - the press should not give him any air time.

Saikawa is a criminal and a liar. Prosecutors should lock him up.

Whether Saikawa did something has little to do with whether Ghosn did something, does it

Correction: whether saikawa did something or not has everything to do with Ghosn. They were accused of virtually the same things, but only Ghosn was arrested on suspicion, while saikawa who admitted wrongdoing, received absolutely no reprimand. And that is what's so scandalous.

8 ( +10 / -2 )

I look forward to seeing his name on an Interpol red notice soon. He won't be able to travel outside of Lebanon ever.

Sure he will as long as the country he is going to does not have an extradition treaty with Japan.

6 ( +6 / -0 )

Yesterdays press in Japan seemed to follow the same tact.

“Running away is a cowardly act that mocks Japan’s justice system,” said the Yomiuri Shimbun. By leaving the country, Ghosn had “lost the opportunity to prove his innocence and vindicate his honour”,

Quite honestly I think that this is just astounding. Is there anybody left in Japan who actually understands that under the Japanese constitution, and Japans CCP (criminal code of practice) a person is presumed innocent until proven guilty? It is for the prosecution to prove Ghosn guilty, not for Ghosn to prove his innocence.

As for mocking the Japan's justice system, Japan's justice system seems to have made a mockery of itself.

7 ( +9 / -2 )

Anyway, Japan is an amazing country again in every aspect.

-13 ( +0 / -13 )

Anyway, Japan is an amazing country again in every aspect.

Not every aspect, although many aspects (as has all countries).

With regards to Japanese law, I'm not quite sure what word to use. Retrospectively the words "amazing" and "unique" would be right. That is because the only thing amazing and unique about Japanese law/rule of law is how disgusting it is.

9 ( +10 / -1 )

Lorem ipsumToday 04:06 am JST

Correction: whether saikawa did something or not has everything to do with Ghosn. They were accused of virtually the same things, but only Ghosn was arrested on suspicion, while saikawa who admitted wrongdoing, received absolutely no reprimand. And that is what's so scandalous.

First, there IS something to be said for active repentance, where you admit to wrongdoing and actually do something to help. Prosecutors have wide discretion to prosecute or not, and active repentance is as good a reason as any to refrain.

Further, it seems that the internal investigation concluded that "役員報酬制度で数千万多く受け取っていた件では日産社内調査で西川氏が意図的に多く報酬を得ようとして指示をしたことはないと結論付け調査結果を出し、他の報酬を多く受け取っていた役員に関しても同様としていたが" (from the Japanese Wiki, his page). If you can't read Japanese, basically it says that the internal investigation finds that while he did get extra money, he did not intentionally try to get more. With such a finding, it would be very hard to prosecute him in any case.

-2 ( +2 / -4 )

Surveillance, electronic devices all failed to prevent escape and now Japan will

try teleport him back..

0 ( +1 / -1 )

The rich always escape it seems.

How about Hiroto Saikawa? He admitted to improper pay scheme.

https://www.japantimes.co.jp/news/2019/09/05/business/corporate-business/nissan-saikawa-admits-being-paid-too-much/#.Xg13mWf-lLE

The Court Of Justice in Japan just going to turn a blind eye to the disclosure? Double standard much?

4 ( +4 / -0 )

First, there IS something to be said for active repentance, where you admit to wrongdoing and actually do something to help. Prosecutors have wide discretion to prosecute or not, and active repentance is as good a reason as any to refrain.

How convenient. So you do something illegal, then get caught, but don't get prosecuted because you apologize and offer help to rectify the situation. Ghosn was taken into custody without even being given the chance to offer any support.

Further, it seems that the internal investigation concluded that "役員報酬制度で数千万多く受け取っていた件では日産社内調査で西川氏が意図的に多く報酬を得ようとして指示をしたことはないと結論付け調査結果を出し、他の報酬を多く受け取っていた役員に関しても同様としていたが" (from the Japanese Wiki, his page). If you can't read Japanese, basically it says that the internal investigation finds that while he did get extra money, he did not intentionally try to get more. With such a finding, it would be very hard to prosecute him in any case.

An internal investigation has next to no value if you ask me. They will investigate whatever is convenient for them and will never dare come out with findings that aren't to their own benefit. Case in point with what you posted above. Furthermore, so what if saikawa didn't intentionally enrich himself, he still accepted the money. If you're going to go by that argument, then there's an equal chance that Ghosn didn't do it intentionally either. But wait, the Japanese authoritards didn't assume his innocence now did they. They presumed he was guilty and tried to build a case around that false presumption and detained him in the meantime. Double standards and a load of hypocrisy is what it is.

4 ( +5 / -1 )

@Lorem ipsumToday 03:15 pm JST

How convenient. So you do something illegal, then get caught, but don't get prosecuted because you apologize and offer help to rectify the situation. Ghosn was taken into custody without even being given the chance to offer any support.

Well, he could have at least TRIED the tactic of admitting guilt and agreeing to make amends to the prosecutor while his lawyer works outside to make the equivalent of a jidan deal with Nissan. He might have gotten off with a kiso yuyo that way. He didn't try that, did he?

An internal investigation has next to no value if you ask me.

The important thing is what that means to the investigation. With Ghosn, Nissan has clearly agreed to cooperate, which means the prosecutors will at least have easy access to information and records. The internal investigation result, whether you believe it is honest or not represents a stand by the company. They don't want Saikawa prosecuted, and you can bet if the prosecutors try to push the matter they'll be much less cooperative. Further, remember the whole subjective side of the situation. If even the Victim (Nissan)'s own investigation says it is not intentional, the Prosecutor is on an uphill climb to successfully insist otherwise.

-3 ( +0 / -3 )

The “red face” may be the result of PMs spending the energy on reforming only one issue like the postoffice system, or even now “only” the constitution

while the rest of the system stays as is.... rather medieval by many standards.

(Death sentence in such a tight insider society; family law; police arrest terms once you run afoul.....; foreign policy at large in the 21st)

.... always benefiting the same people, like the construction cartels in rural places.

This running bail is also the result of the unique legal outlay on these islands so different from the economic craftsmanship.

-1 ( +1 / -2 )

Once you are here

0 ( +0 / -0 )

MrHeiseiJan. 1  10:30 pm JST

We now know how justified his bail conditions were, especially the banning of communication with his wife (who I assume was behind planning all of this).

It is really ridiculous that the goods leaving his house were not thoroughly checked and the company and individuals that arranged it should also be suitably punished.

I would truly love to see both Carlos & wife back in Japan and wearing handcuffs - they are making a mockery of Japan.

He is now a criminal, a liar and a fugitive - the press should not give him any air time.

I for one am not thrilled that he escaped. I'm in no way celebrating this.

But let's take stock:

a) He was lured to Japan under false pretenses of an "important meeting" that was probably never intended to be held.

b) He was interrogated for several hours a day without a lawyer present.

c) He was not allowed to consult with his own lawyers for more than just a short time each day, if even that.

d) He was charged with one crime, let out on bail, then re-arrested on a fresh charge and had to go through the whole sit-in-jail-and-get-bailed-out thing.

e) Upon his second release on bail, he wasn't allowed to contact his wife -- an appallingly inhumane prohibition.

f) His wife had police raiding her residence and seizing her passports (though, fortunately for her, they missed one) ... even though she had not been arrested or charged with any crime.

g) The prosecution refused to hand over evidence to his lawyer, which in any other normal civilized country would be par for the course. People are supposed to have a right to face their accusers -- and that doesn't just include human accusers, but also evidence that must be disclosed to the defense prior to trial.

So, again, I'm not thrilled that he fled. But given all the above, on a certain level I can't blame him either.

3 ( +4 / -1 )

Well, he could have at least TRIED the tactic of admitting guilt and agreeing to make amends to the prosecutor while his lawyer works outside to make the equivalent of a jidan deal with Nissan. He might have gotten off with a kiso yuyo that way. He didn't try that, did he?

Why on earth should one try to admit guilt if one isn't guilty, or hasn't been proven guilty in a court of law? It's outrageous. It should be perfectly possible to cooperate on a case without getting arrested, while still maintaining one's innocence. That's what they did to saikawa. They could have done that to Ghosn too.

They don't want Saikawa prosecuted, and you can bet if the prosecutors try to push the matter they'll be much less cooperative.

If you broke the law, you should be cooperative regardless. Choosing not to do so is making a mockery out of a judicial system. And once again, if Ghosn and saikawa had been treated equally people would have been far less critical of the Japanese system. But they both received very different treatment which is why people are outraged.

Further, remember the whole subjective side of the situation. If even the Victim (Nissan)'s own investigation says it is not intentional, the Prosecutor is on an uphill climb to successfully insist otherwise.

So what? They could have locked up saikawa too while they did their investigation. If you broke the law, it shouldn't be up to the suspect to decide whether you cooperate or not. It's those blatant double standards and impunity of Japanese counterparts that make the Japanese system look so backwards.

3 ( +3 / -0 )

Carlos Goshn explained that the worst was not to see his wife and that his children were interrogated by Japanese prosecutors in the USA from whom they tried to get confessions (even though they were asked on a voluntarily basis obviously).

Can you imagine a second being kept away from the person you are most close (could be your mother) + know that your kids are explained that for the best interest of their father is to apply treachery ?

Because that apparently is what made M. Goshn decide to escape (read in the media).

Wait until the 8th January for his interview.

3 ( +3 / -0 )

Goshn may be guilty of parts of the crimes but he could not have acted alone given the amounts of money involved over a the long time he is accused of doing this. While he deserves his day in court, Japan's unfair and unjust judicial system drove him to take these actions.

I have lived and worked in Japan more than twenty years in bilateral military and bilateral intelligence operations and can honestly say, Japan's judicial system is flawed and needs to elevate above the almost third-world state it operates in.

For example: The Japanese Police can arrest you and detail you for 14 days without actual proof/evidence of your wrongdoing in a crime. There are other examples but not worth my time typing out here.

If I were Goshn, I may have done the same thing knowing what I know about the Japanese Justice system and the methods/techniques they employ to get convictions. Sad

2 ( +2 / -0 )

The pervasive under-lying sense of inferiority that Japanese have causes them to be unfair in regards to how they treat foreigners who are suspects.

1 ( +1 / -0 )

iT IS TIME for japan to grow up, only japanese can do a good job ???. Look how sloppy they are. This results of Carlos escaped speaks clearly of their inefficiency. Like, i said before to some inefficient Japanese , look at yr own feet before U look at mine. low level Japanese thinks too highly of themselves.They just cannot see themselves because they are too big with their own incapabilities.

0 ( +0 / -0 )

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