crime

One year after arrest, Ghosn seeks to throw out case against him

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By Karyn NISHIMURA and Etienne BALMER

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It's probably not going to succeed because now there is no scapegoat! I give his lawyers credit, but not going to keep my fingers crossed!

11 ( +12 / -1 )

Er, finger's in front of camera lens. Artistic, though.

5 ( +7 / -2 )

The prosecutors could do the right thing and not oppose this. Surely they now know that their case will fail.

13 ( +13 / -0 )

He should be very careful with his counter-accusations. If he upsets the ‘wa’ too much, they will throw him back in the pen.

This whole debacle is an embarrassing stain on the Japanese kangaroo court system and they will not exonerate him ever. He will be found guilty of some of the lesser charges against him and be given a suspended sentence. However, whatever sentence he gets will not be adjusted to include the time he has already spent incarcerated. That’s not the Japanese way.

However, it seems that karma is sorting out the back stabbing children at Nissan as their sales have decreased dramatically since his arrest.

FREE GHOSN!

14 ( +19 / -5 )

The prosecutors could do the right thing and not oppose this. Surely they now know that their case will fail.

In many other countries you'd be right. But after a year of trial by media, and of course the way judges are here with the prosecutors... Ghosn's still going to be rolling the dice on this.

8 ( +11 / -3 )

The prosecutors could do the right thing and not oppose this. Surely they now know that their case will fail.

It is well known that prosecutors in Japan do not go forward when they think they will lose. That's why there is a 99% conviction rate. Most cases are dropped or handled without going to court.

Ghosn has already paid a one million dollar fine in the US to the SEC on a charge very similar to one of the charges he faces in Japan.

At the very least, that doesn't look good.

-3 ( +4 / -7 )

A pox on both their houses. This case showcases both the shortcomings of the Japanese legal system and the venality and greed of corporate upper management.

8 ( +9 / -1 )

the defense has not yet itself produced what it says is cast-iron proof of Ghosn's innocence.

They are to shy to reveal that while the millions of Nissan disappeared, Ghosn was eating a London pizza.

0 ( +5 / -5 )

I don't understand how can they still keep him in prison with no real proof and all these restrictions (can't see his wife, friends or family members, no phones and what else they have), but you have other celebrities who are doing heavy drugs (cocaine, heroin), doing criminal acts (driving while drunk, running a speed light, hitting people and fleeing the scene, public intoxication, embezzlement) but are allowed to bow, fake cry and all is done and done with.

3 ( +8 / -5 )

Ghosn was not under any legal obligation to disclose his earnings so he should not have been arrested on this charge in the first place. Nissan could have dealt with this as an internal issue in the same way Saikawa' s cade was dealt with.

13 ( +15 / -2 )

I don't understand how can they still keep him in prison with no real proof and all these restrictions (can't see his wife, friends or family members, no phones and what else they have), but you have other celebrities who are doing heavy drugs (cocaine, heroin), doing criminal acts (driving while drunk, running a speed light, hitting people and fleeing the scene, public intoxication, embezzlement) but are allowed to bow, fake cry and all is done and done with.

It doesn't make sense if you try to group Japan's justice system with other western systems and claim, like the J gov. always does on the international arena, that they are on par with the west. When you group Japan with quasi democracies, it makes a lot more sense.

5 ( +10 / -5 )

Ghosn is now out on bail... he remains banned from any contact with his wife Carole... 

Ghosn is now out on bail and has been able to enjoy some trips outside Tokyo with his daughter

I guess they threatened the daughter with arrest if she even mentioned her mother during her time with her father.

7 ( +9 / -2 )

has accused prosecutors and even Japanese government officials of colluding in a "plot"

his lawyer has balls, his last case probably. respect to him!

if officials are hiding proofs, it is because there are none.

a way to drag feet and make time to find other excuses.

6 ( +7 / -1 )

I'm glad to see Ghosn and his legal team taking this route. The issues do need to be discussed in public and this is the way to do it, especially with all the talk about advancing Japan to a Society 5.0!

7 ( +7 / -0 )

Good timing before the Olympics. This could be a catalyst for major change in Japan's criminal justice system.

9 ( +9 / -0 )

It is well known that prosecutors in Japan do not go forward when they think they will lose. That's why there is a 99% conviction rate. Most cases are dropped or handled without going to court.

That guy Mark who was arrested earlier in the year for some bogus drug charge gave an interview and said that the prosecutors only cared about winning and not justice. They decided to charge him and despite having no evidence they just kept pressuring for a confession. It even got to the point where the "accomplice" said that the guy had absolutely nothing to do with the crime and was innocent, and even then they refused to drop the case and just kept doing hard interrogations with the hope that he'll say the wrong thing. He got through it and was found innocent in court. It even got to the point where they kept changing the prosecutor because the guy realized he couldn't win, but they couldn't just drop the case so they handed it off to someone else. Shameful!

13 ( +13 / -0 )

Around 99 percent of trials in Japan result in a conviction

Except the weekly assault-against-women case that is dropped...

Japan's ancient culture of fudging numbers and outright lying should be on Unesco's list.

16 ( +17 / -1 )

Do not brag about democracy in your countries and stop bitching about the Justice system of Japan. Are your sure your countries are more democratic and fairer than Japan and people are living peacefully without worrying about crimes and prejudices? So long as people observe the law and remain good citizens, we can live peacefully here without worries of investigations.

-22 ( +2 / -24 )

The two Nissan execs who ratted him out got plea bargains, under which they got off scott-free and - as far as I can tell - their identities are kept secret.

Given this alone, Ghosn's team are indeed entitled to an acquittal.

14 ( +16 / -2 )

Well hello don't forget who started all that which hunt and who got out of it with a bow.

Saikawa San ladies and gentleman the guy who said sorry and left without of course any charges.

Remeber there is Justice for Japanese and conviction for foreigners.

13 ( +15 / -2 )

People who live close to the border lines have to worry about investigations and cannot have a good sleep. Ghosn was a president but he was not the owner of Nissan. He behaved as if Nissan was his private company.

-7 ( +5 / -12 )

He’s Ghosn to get off scot free

4 ( +4 / -0 )

The damage has already been done to the reputation of Japan's legal system and its treatment of foreign execs, recruiters have already said so. A Japanese person can encourage something bad then rat a foreigner out and maybe they won't even know what they did was wrong until the police arrive. In fact, it encourages Japanese people to enlist a foreign accomplice somehow as then they can just grass them in if they need to. It is very telling that the US SEC fined Nissan as well as other people as they confirmed that Nissan staff were involved, Ghosn did and couldn't do anything on his own

7 ( +8 / -1 )

Do not brag about democracy in your countries and stop bitching about the Justice system of Japan. 

firstly you have NFI how a proper democratic legal system works. whataboutism isnt an excuse for undemocratic practices some people need to grow a thicker skin if you cant handle criticism. Just imagine if it was one of your relatives that was in Ghosn position Id say youd have a complete different outlook on Japan justice then.

that they do not yet have access to prosecution documents "proving" the tycoon's guilt.

that in itself is undemocratic in most 1st world democracies the prosecution has to provide all the evidence and documentation to the defence so they can DEFEND against those accusations.

presently they're only getting slithers of information through the prosecution and leaked information to the press, how is any legal defence team able to prepare their defense against the accusations. When you have a system that relies heavily on a confession or a false confession there is no need for thorough investigating, which is why the prosecution does not give all their evidence to the defense to make the case heavily in favour of them . I mean why even have a defense may as well make the prosecution judge jury and executioner but then Japan wouldnt really be a democracy then would it.

12 ( +13 / -1 )

Wobot and wtfjapan-

EXCELLENT POSTS! Hat off to you both

4 ( +6 / -2 )

just imagine it it was an average citizen who didnt have the money like Ghosn and refused to confess to something they didnt do, theyd most likely still be in detention/prison for an alleged crime they havent even been convicted of. Yet some still think this is perfectly fine well, because Japan!?!?

9 ( +10 / -1 )

Ghosn...YOU got it covered! Prosecution is running scared and time is running out. Acquittal - case dismissed!

4 ( +7 / -3 )

Ghosn...YOU got it covered! Prosecution is running scared and time is running out. Acquittal - case dismissed!

as much as that would be the democratic thing to do japan will do anything to keep face, even it means a conviction any conviction. Justice in Japan is about numbers or the illusion of it , doesn't matter if a person is guilty or not. The only way to make Japan change is shame on the international level, you cant easily unprogrammed centuries of a cultural mindset.

5 ( +7 / -2 )

A technological country that excels in many fields like science,robotic etc with a feudal juridical system of holy inquisition,time to change and pair with the first world democracies.

The "innocent until proven guilty" is sacred for every free human society,and as people posted before me why Sakaizawa isn't getting the same treatment?

After all he admitted his guilt unlike Goshn that clams to be innocent.

3 ( +4 / -1 )

I will make this very simple: per the article. He is: 1. The 65-year-old Brazil-born executive 2. prosecutors and even Japanese government officials of colluding in a "plot" with Nissan to find a way to destroy him, fearful he was seeking to merge the firm with France's Renault. 3. spotlight on the Japanese justice system.

With just the above clips, he will do time. In comparing his case with the TEPCO case though received the spotlight, were found not guilty as preferential treatment is only reserved for Japanese mega rich. Read any past articles and in time the facts add up. Nissan sales do remain low though, and this is much more worrisome as it affects the overall economy for Japan. An example has to be made and well guess who' up at bat.

3 ( +4 / -1 )

The authorities can't admit that they've made a mistake - it would be a humliation. He's going to get screwed.

4 ( +6 / -2 )

Yasuyuki Takai, a former head of the special prosecutors' bureau in Tokyo, agreed: "This motion has zero chance of succeeding."

The word which jumps out at me here is the word "special". What is special about this? Simple. Ghosn is foreign.

A system which has prosecutors for the locals and special prosecutors for foreigners (gai kensatsu) is definitely creates bias. Lets face it, are Japanese people who are rich and influential enough to get bail stopped from contacting their spouses?

Many years ago a special prosecutor who deals with foreigners told me that during WW2, he was in charge of POW's, as was "his translator".

The Japanese justice system has gone in the wrong direction many years ago, and will take many years to unravel.

Interesting too, that judges in Japan seem terrified of the prosecutors.

5 ( +7 / -2 )

"This could be a catalyst for major change in Japan's criminal justice system." I would not hold my breath - the days of "gaiatsu" are long past...

5 ( +5 / -0 )

In September, Hiroto Saikawa stepped down after an internal company investigation revealed falsified documents that boosted his compensation in 2013 by about $900,000. Whoopsies. He bowed and will not spend a second in jail.

Meanwhile Ghosn continues what can only be described as bitter state persecution. The duplicity of prosecutors and Nissan good ol' boys puts a spotlight on Japan Inc. that continues to this day. And they want that spotlight to continue I guess.

Good luck to any foreign born executive

5 ( +6 / -1 )

NISSAN and all the villians in nissan or whoever they are, should be ashamed of the nasty ways they have used. It is very obvious that this is a case of mean-heartedness, envy and back-stabbing. The case of Carlos should be at the very best a mistake in judgement on the side of Nissan. Poor minded Japanese co-workers are this way , when they cannot perform on the job ( 32 years of my personal Japanese work experiences with a Japanese only company ), when they had a better foreigner , who not only gets fame & respect which they cannot get. they used this kind of mean actions.This case should not be wasting our time and tax payers money. Nissan should publicly apologies to Carlos and pay Carlos damages to show the world that they have made a big mistake. Look at Nissan results lately, the world and the good Japanese people, who knows the Japanese business system do not agree with them. If Nissan do not admit their mistakes of human abuse, the whole world will not forgive them. Living is not just the laws , human principles come first. That is humanity and the rights of human integrity.

2 ( +3 / -1 )

To save the face of Japan and its justice system Japan government should step in and examine the case on its business merits; See what Gosens contribution to Nisan and Japan was and compare his remuneration with the others in similar positions and same industries world wide, faced with similar challenge and the same positive final success. If Gosen grabbed more than most of the other top executives than he should be judged for his excesses, if he is within the average or lower than they should override the judiciary and thank him instead. I know that so called justice don't work that way but that is the logical human way and definitely just way.

-1 ( +0 / -1 )

"This could be a catalyst for major change in Japan's criminal justice system." I would not hold my breath - the days of "gaiatsu" are long past...

Yes, that is true. However Japan as managed to procure many foreign apologists over the years, who will vigorously defend Japans actions no matter how stupid they are. (although many Apologists and Japanaphiles have remained very quiet in this saga).

Pressure needs to come from within. I guess one word for that is revolution. Somehow, I can't see that happening in Japan.

2 ( +2 / -0 )

I don't understand how can they still keep him in prison with no real proof and all these restrictions (can't see his wife, friends or family members, no phones and what else they have), but you have other celebrities who are doing heavy drugs (cocaine, heroin), doing criminal acts (driving while drunk, running a speed light, hitting people and fleeing the scene, public intoxication, embezzlement) but are allowed to bow, fake cry and all is done and done with.

The reason is Ghosn hasn’t gotten on his knees (dogeza) and begged for forgiveness (not saying he should.)

Do not brag about democracy in your countries and stop bitching about the Justice system of Japan. 

If you know Japan, you’d know there’s a gap between image and reality. It’s all about the image and appearance trumps substance. Japan May think it’s democratic but the leaders and company heads are authoritarian by nature.

You could be China and just say we are authoritarian or Japan and say we are democratic but do the same as China. Not condoning China but at least they can say we are who we are.

3 ( +3 / -0 )

The reason is Ghosn hasn’t gotten on his knees (dogeza) and begged for forgiveness (not saying he should.)

If you are ever arrested in Japan, one of the first questions the police will ask you is "do you feel that you have done something wrong"? Answer "no" trips off the procedure. The police have 23 days to get a confession of Mens Rea (intent). Japanese police and prosecutors are extremely skillful at "gaslighting". If the answer is still "no" then the real unpleasantness begins, as Ghosn has found out.

5 ( +5 / -0 )

To save the face of Japan and its justice system Japan government should step in and examine the case on its business merits

This won't happen because Japanese people would have to be treated just as badly...

0 ( +0 / -0 )

sir_bentley28Today  08:35 am JST

“I don't understand how can they still keep him in prison with no real proof and all these restrictions (can't see his wife, friends or family members, no phones and what else they have),”

Ghosn is not in prison, he has been out on bail for many months. And as the article notes, has been taking trips with his daughter.

2 ( +2 / -0 )

“One year after arrest, Ghosn seeks to throw out case against him”

The headline makes no sense. Neither Ghosn nor his lawyers have the authority to throw out the case. They can only request that it be thrown out.

“His defense team filed a motion on Oct 24 to throw out the case”

Ditto

Invalid CSRF

0 ( +0 / -0 )

Mr G plead guilty and leave the country. Get over it. Nissan doesn't deserve this or the people working for the company.

-2 ( +0 / -2 )

Mr G plead guilty and leave the country. Get over it. Nissan doesn't deserve this or the people working for the company.

Why plead guilty if you are not. To save the face of the incompetent (special) prosecutors department, or to save the face of disgusting Saikawa

No. Mr G has the right to a fair trial. He has a right to defend himself even under Japan's own constitution. Saikawa should get out of Japan (if any other country would want him).

As for Nissan, well I guess they have made their own bed. But, Nissan is not the only car company in this world. There's always a place for honest skilled workers.

1 ( +1 / -0 )

If this was some one else the J legal system wound have steam rolled him/her into a confession or buried the person in red tape or bureaucracy, and the rest of the world would not have blinked an eye, BUT, this case is a whole new thing, Mr G is a high rolling guy, he's well known and connected, this case is being watched all around the world, although the J criminal system is hell bent on a conviction, this blinkered approach can't be doing Japan any favours, are other countries thinking we don't want to have dealing with Japan if this is how they treat people? especially when they turn around a failing co, and make it profitable?

-1 ( +0 / -1 )

Stand by your rich white man!

Ghosn has been treated like royalty compared to what poor people, especially blacks and hispanics, receive in the US.

People here who are claiming that Japan is out of line with generally accepted standards need to read up on how the US system, for example, works if you are black.

https://www.nytimes.com/2019/01/24/nyregion/kalief-browder-settlement-lawsuit.html

Ghosn is doing better in Japan than the typical foreign national busted in France according to a British government document on the subject.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/332128/Prisoner_Pack_France_June_2014.pdf

Am I the only one who has noticed that the French government has done essentially nothing to help Ghosn? Am I the only one who has noticed that the Renault workers have not been clamoring to get their Dear Leader back?

0 ( +2 / -2 )

Stand by your rich white man!

Law does not discriminate race or wealth. It is equal across the board.

Ghosn has been treated like royalty compared to what poor people, especially blacks and hispanics, receive in the US.

This case is under Japanese jurisdiction, not the USA, or France for that matter.

Am I the only one who has noticed that the French government has done essentially nothing to help Ghosn? Am I the only one who has noticed that the Renault workers have not been clamoring to get their Dear Leader back?

The French consulate in Japan will do all that it is required to assist an arrested citizen.

(Incidentally if a foreigner is arrrsted in Japan, they can, by law, request to see a representative from their countries Embassy at any time. If the police refuse, then the police in Japan are acting illegally).

As for Renault workers, what is the point in clamouring. I'm sure each worker as their own views.

2 ( +2 / -0 )

Henny Penny,

Bravo, great post!

No, you are not the only one that has noticed that France and Renault want nothing to do with this person nor the case the Japanese prosecutors are building against him.

I agree that he has been treated like royalty compared to the average Joe in Japan and by comparison minorities in other countries, especially the United States.

I thought the comparison of other jurisdictions was a valid comparison since many folks have been unfairly criticizing the Japanese criminal justice system. Under which, by the way he has always had the right to keep silent.

It's not like he was being tortured or in solitary confinement, which had happens more often that one would expect in the United State to a disproportionate number of minorities, especially young Black men.

-1 ( +0 / -1 )

Geez, were that the case, then the amount of Global (& Local) Support he'd have received would clearly cause Japan to fast track this one and he'd be on the next plane home!

0 ( +0 / -0 )

@HP, totally agree with you ref where are the French government, they should be helping CG full stop, but they seem to have washed there grubby hands of him,

0 ( +0 / -0 )

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