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Ghosn's lawyer clarifies bail conditions

27 Comments
By YURI KAGEYAMA

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27 Comments
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He tweeted.

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His lawyer, Hironaka, conceded that he did not know where the tweet originated - though it was was not from the lawyers office.

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Carole fleeing Japan simply to avoid procedural interrogation ( given that she is CEO of some of the dummy companies) will not sit well for Ghosn either.

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-1 ( +9 / -10 )

Mrs. Ghosn was correct to leave Japan because she wouldn't get a fair shake with the "justice" system here, as we are all witnessing in the treatment of Mr. Ghosn.

10 ( +20 / -10 )

@ chipstar

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Listen her name kept coming up as CEO for some of the Dummy companies Ghosn set up - at least over 10 of them -

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He was siphoning Renault-Nissan funds into these companies for personal and family gain.

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It would have been grossly remiss if the prosecutors would not want to question her about what she knew.

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Nevertheless if the prosecution has enough to charge her, they can have her extradited or get Interpol involved. {There is no safe haven for international crime}.

Moreover running to France was somewhat of a poorly judged and precipitous act, bc the French are not welcoming her with open arms.

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RENAULT is investigating all of this as well; the Finance Ministry in running audits to ensure Ghosn did not evade taxes - and - likely US will follow as some of the dummy companies Carole is CEO are based in the USA.

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Likely, Carlos and Carole l colluded.

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-7 ( +6 / -13 )

Semper: I'm well aware of all the media reports. The media is not the trier of fact, the court is. Add into that the presumption of innocence.

When the procedures of a justice system are geared towards forcing a confession and hobbling a proper defense, that system cannot be trusted and only a fool would put their faith in that system.

13 ( +18 / -5 )

At this point, the prosecutors have rearrested him on new charges, not on violating terms of his bail. This article doesn't clarify whether he violated the terms of his bail or not.

Rest assured that if he did, the prosecutors will be formally alleging as such to the court. And even if he didn't, they may still allege that he did.

As for his wife, glad that she took the opportunity to leave, because clearly the prosecutors were aiming to arrest her for questioning at some point, possibly to use as leverage to coerce a confession from Ghosn.

And if the Japanese prosecutors want to file an arrest warrant and seek her extradition, far better that than she being arrested in Japan and subjected to the barbaric Japanese detention and interrogation system.

15 ( +20 / -5 )

Takashi Takano listed the conditions in a blog post late Saturday, which include restricting Ghosn to using only one computer, which is in his lawyer's office, and one cellphone.

The conditions also said Ghosn must turn over his passport, have a camera monitoring his apartment doorway and keep a record of his phone calls and people he meets, besides his family and lawyers, Takano said.

His conditions already are pretty draconian. And on top of that, they rearrest him??

Prosecutors say the latest allegations are separate from the earlier charges, and Ghosn may tamper with evidence.

Horse Manure

Ghosn's legal team argues that prosecutors have already raided Ghosn's homes and taken everything.

Exactly.

While prosecutors can interrogate Ghosn daily at Tokyo Detention Center, Ghosn's time to work on his defense with his lawyers will become limited.

How is that justice? How is that fair?

Japan has been criticized for long detentions without convictions, dubbed "hostage justice." Critics say it tends to lead to false confessions.

Critics say it does? No it just does. There is no question about that.

> As for his wife, glad that she took the opportunity to leave, because clearly the prosecutors were aiming to arrest her for questioning at some point, possibly to use as leverage to coerce a confession from Ghosn.

> And if the Japanese prosecutors want to file an arrest warrant and seek her extradition, far better that than she being arrested in Japan and subjected to the barbaric Japanese detention and interrogation system.

exactly!

9 ( +16 / -7 )

Maybe we don’t even need to have a trial. Just let the media decide then.

7 ( +9 / -2 )

@semperfi

What you’re stating aren’t facts. Only the courts can determine that. You cannot assume guilt simply by speculations, esp. rumors leaked by prosecutors to the media to make someone look guilty. Public opinion has nothing to do with the truth. What is always true, right, and just, is “innocence until proven guilty”. And that’s not for you to decide.

11 ( +15 / -4 )

Ghosn should have bailed out while he still employed. If work on Japanese Large company, dont offend them or bossy over them. He should have assimilated JP culture but treating the venture like western style is a mistake of his doing. No matter wht, a foreigner cant be bossy over Japanese company decision. Most likey he be charges and jailed. A lesson to all gaijin, assimilate or marry your children to Japanese company owners.

-3 ( +5 / -8 )

@william. You mean...take the money and run?

@just. 2 countries don’t just arrest for no reason. Do you know how much this is costing us taxpayers? Police time? If he does slime out of this, he should pay costs.

also, he will probably also be arrested if he goes to the US. He allegedly stole $17m and gave it to his son, based in the US. This could also lead to him rearrested in japan on new charges...hehehe

-8 ( +2 / -10 )

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@ quercetum Maybe we don’t even need to have a trial. Just let the media decide then.

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Well, youknow, it looks like that is what Ghosn is aiming for.

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He already has had 2 skype interviews,

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And His lawyers will release a video April 11 to the media where Ghosn will defend his case.

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Looks like the media rush - trial via public opinion - is Ghosn's preference.

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-6 ( +3 / -9 )

@ Goodlucktoyou.

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Good points ! :-)

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-6 ( +2 / -8 )

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Can someone explain how Carole Ghosn can hold a US Passport as well as a Lebanese passport?

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I thought Americans could not hold dual citizenship...

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Puzzled.

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-13 ( +0 / -13 )

justasking:What you’re stating aren’t facts.

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They are FACTS based on documentation.

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It is evidence - hard and cold.

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Live with it.

-7 ( +3 / -10 )

I thought Americans could not hold dual citizenship...Puzzled.

yes they can, who told you that tripe? Ghosn holds French, Brazilian and Lebanese citizenship.

His wife holds dual citizenship including American. Oh the joys of not hold Japanese citizenship hey

11 ( +12 / -1 )

wtfjapan

I thought Americans could not hold dual citizenship...Puzzled.

*y*es they can

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Thanks !!!

I could have looked it up, :-)

Apparently according to the link just opened, it stated "Dual citizenship had previously been banned in the United States, but in 1967 the US Supreme Court struck down most laws forbidding dual citizenship."

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-1 ( +2 / -3 )

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Oh the joys of not hold Japanese citizenship hey

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Perhaps.

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However I wouldn't relinquish my citizenship for a Japanese one - bc Japan only allows 1 citizenship.

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-8 ( +1 / -9 )

semperfi

They are FACTS based on documentation.

> It is evidence - hard and cold.

Yes, it is evidence.

His guilt, however, isn't a fact.

What is disturbing here is that the prosecution seem to have been going on a fishing expedition...

10 ( +12 / -2 )

2020hindsights : What is disturbing here is that the prosecution seem to have been going on a fishing expedition..

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In legal terms it is call " doing discovery'.

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Every legal counsel is researching ('fishing') for evidence to support their case - whether prosecutor or defence attorney.

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-10 ( +1 / -11 )

I thought she had residency not citizenship?

-7 ( +0 / -7 )

In legal terms it is call " doing discovery'.

There can be a fine line between discovery and fishing expeditions, but you'd expect liberal democracies to have safeguards against the latter, wouldn't you? Or are you comfortable without such safeguards, semperfi?

6 ( +7 / -1 )

@ Ascissor:

It's a good question.

Personally -coming from a liberal 'democratic' country, I have contended for, and continue to contend for inherent human rights and judicial safeguards.

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Yet, being a pragmatist I realize I cannot change the J system.

It plays itself out the way it does - not necessarily granting individuals 'right's' the way I presume a person is entitled to; not only judicially but equally within the various institutions and infrastructures in Japan.

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{ For example expectant mothers -who are professionally engaged - traditionally, are not guaranteed their jobs/ positions back after they have a child (as they are in my home country) ; or, for example, the J ethnocentricity that denies non Japanese optimum professional mobility ( which would be discriminatory & penalized in my country .)

There is a lot more . .

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That being said - this case is about an executive who lavishly profited through his employ at a J corporation - but surreptitiously exploited his position by violating ethical and legal parameters for personal gain .

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I suppose he would be intelligent enough to accept that if he played foul in this territory, he would be penalized by the same system.

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-6 ( +0 / -6 )

This case continues to get more interesting as time goes on. It will be curious to see what the next (probably unexpected) twist will be. It also seems this case is becoming more polarizing as time goes on as people are taking sides and digging in (I can please guilty to having done this a time or two)

@semperfi and Ascissor

In this case either one of you might be right. This is quite a gray area.

Below is what I thought was quite a balanced article addressing this subject which is worth a read if you guys are interested in this.

https://asia.nikkei.com/Opinion/Ghosn-prosecutors-finally-catch-a-fish

4 ( +4 / -0 )

@Tokyo-Engr

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Thank you . Excellent article.

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Though Carole Ghosn recent flight from J casts new doubt on whether Ghosn

(i) is potentially a flight risk (even without passports -as he may seek asylum in the French consulate)

(ii) given the new evidence @ Ghosn's 'Shell' companies ,which he assumed would not come to light, he may now not be able to resist the urge to tamper with evidence.

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AND the new Twitter account is clearly an insolent 'make my day' challenge to the prosecution's bail terms. (whether he set it up or had Carole set it up)

He was complicit and intentional in this.

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-4 ( +1 / -5 )

In legal terms it is call " doing discovery'.

No, it's not; it's called investigating. Discovery is when both sides trade all the information they have after their investigations have been concluded.

3 ( +5 / -2 )

@semperfi

i Carole Ghosn was under no legal restriction to not leave Japan and it has nothing to do with Carlos.

ii I notice you emphasized "which he assumed would not come to light" but, in reality this is just your opinion.

AND his new Twitter account didn't violate his parole and even if it was a "make my day" tweet, certainly wasn't illegal.

The good that will hopefully come from Ghosn's fighting attitude is to bring a stronger spotlight on Japan's "injustice" system and, again hopefully, enough shame that steps are taken to cause some correction!

4 ( +5 / -1 )

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