crime

Tokyo court denies request for Ghosn's release on bail

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It is rare in Japan for defendants who deny their charges to be granted bail ahead of trial.

Things that can be expected from Japan's criminal justice system are false confession and new allegation after previous detention period is expired.

The case has also put Japan's criminal justice system under international scrutiny and sparked criticism for some of its practices, including keeping suspects in detention for long periods and prohibiting defense lawyers from being present during interrogations, which can last eight hours a day.

10 ( +15 / -5 )

So what are the reasons for denial? - Same as before?

10 ( +12 / -2 )

The first 5 days of his detention he was put in a cold cell that leaked water 24/7. What a disgrace the Japanese legal system is. Japan has Bipolar disease, it shows the world a civilised face while in fact it is still living in the dark ages where human rights means absolutely nothing. In all cases, whatever happens at the end, Nissan and the Japanese Gov will be sued for billion of dollars for this sham and scam.

18 ( +24 / -6 )

Can we see some evidence already? Just a tiny bit. Wait......there is none? Yikes!

9 ( +15 / -6 )

The double standard is ridiculous

13 ( +19 / -6 )

It is rare in Japan for defendants who deny their charges to be granted bail ahead of trial.

Really? Didn't Kelly, his alleged cohort in the "crimes" get bail without admitting to any charges?

Right, he is the little fish and Ghosen is the whale!

13 ( +14 / -1 )

One of the main violations alleged against Ghosn, under-reporting his salary, breaks a law established in 2010. Ghosn and Kelly are the first and only individuals to be indicted in the first decade of this law's existence. My theory is that the investigation is dragging on because prosecutors are expected to build a precedent-setting legal scaffold for the first court case testing the law. That would be good news for Ghosn, because he's more likely to win an abnormal case over a never-tested law, except that he isn't being freed on bail to properly marshal a defense.

10 ( +13 / -3 )

The prosecutors leaped at the chance to prosecute at Nissans behalf, now at a loss. He won't confess? What a befuddlement outcome. Can't find enough evidence to go to trail, that's embarrassing, so hold him in uncomfortable circumstances ask him the same loaded questions repetitively (worked for the Inquestiion) and continue to display the inadequate state of Justice in Japan. Good job.

13 ( +17 / -4 )

Ghosn may well be guilty, nobody knows at this point. However, there are a few factors that really will make the case a landmark in Japan and shed some light where Japan doesn't want light shed:

1/ Denial of counsel. It is abhorrent that an accused cannot see counsel, or have private meetings with their defense team. How is Ghosn supposed to prepare a defense?

2/ Interrogation ad nauseum. Problems- length of interrogation. Language of interrogation. Lack of interpreter. Lack of legal representation. No recording (audio or video).

3/ Poor conditions. Yes, his treatment is the same as any other accused. However, they are NOT guilty of anything yet, so they should be given at lease moderately decent accommodation and food and access to media and so on.

4/ Denial of visitation. See above. Ghosn cannot see friends or family. I heard that IF a visitation is granted, the visitor and accused must only speak Japanese, so that the guards can listen in. No private visits at all. No conjugal visits (gulp).

For a G7 nation, these are truly medieval and shocking conditions for a convicted criminal, much less someone merely accused of a non violent offense.

18 ( +24 / -6 )

@Atillathehungry. Well said!

5 ( +8 / -3 )

I wonder if all this time served will come off the time he'll have to serve once convicted.

-5 ( +1 / -6 )

I love Japan, but the legal system here is a travesty. Innocence is not a protection in Japan.

1 ( +3 / -2 )

So Nissan's lapdogs...sorry, the Prosecutors and Judge have decided to 'chronically incapacitate' Ghosn now to ensure his removal from the Renault helm.

Dirty play.

Meanwhile a Japanese defendant gets to hold a press conferance then trot home to enjoy a nice evening sponsored by our taxes.

11 ( +14 / -3 )

This action was predicted, but till when?????????????

freedom & justice for Mr. Ghosn

0 ( +4 / -4 )

It is rare in Japan for defendants who deny their charges to be granted bail ahead of trial.

This is where the Japanese injustice system fails miserably. They don't have enough evidence to convict him of anything, but he remains in detention unless he confesses, guilty or not. The fact they state it will take at least six months for them to build their case against him tells you their evidence is very weak. The judge also states he won't let him out due to a fear he may tamper with evidence. He's been locked up for over a month and the Japanese prosecution have not collected all the evidence yet? What an absolute crock of poop! No doubt they've been too busy grilling him every day for hours on end trying to break him into making a forced confession. They are deliberately dragging this out to force Ghosn into confessing. This is also why they will not release him from detention. They can withhold his passports and place him under house arrest with limited access to anything that may be construed as evidence. There is no reason at all to keep him locked in a cell until his trial.

8 ( +13 / -5 )

So that means it could be about 8 months in jail before his trial is heard. That really is a miscarriage of justice if he is found to be innocent. It is very hard to believe that he could have hid any large amounts of money without the knowledge of a large accounting team and auditing team. Still smells very fishy and very unfair.

6 ( +10 / -4 )

At this point there are two outcomes.

He can admit to the crimes and serve many years in a Japanese jail for it, with a possibility of bail pre trial..but wouldn't bet on it...

Deny the crimes and be where he is for about months then walk free due to lack of tangible evidence.

I'd keep denying it Mr Ghosn, and then smile at the prosecutor when you walk out the court room :)

11 ( +12 / -1 )

At the moment, he is not a criminal, he is an innocent man.

Reality is yes he is supposed to be considered innocent, but unfortunately reality HERE is far from that.

He has not "proven" his innocence, and like so many others here, Japanese and otherwise, just being detained makes many people think he is guilty of something, because otherwise there would be no reason for the police to hold him in the first place. He will, (wrongly) always have an asterisk next to his name in the minds of far too many Japanese people, even if he is found to be innocent of all charges.

Being found innocent does not mean the person was not guilty either, so he will have that to deal with as well HERE.

12 ( +12 / -0 )

I wonder if Japanese lawyers are proud of their jobs. Even he judges. Relying on confession 99 percent of the time seems to remove the incentive of being good at your job. You don’t really have to gather evidences, study precedent etc., as long as you can force a confession. Where’s the reward in that? It’s sad. Almost pathetic.

8 ( +9 / -1 )

Ghosn is effectively being held hostage. It is beyond belief that a developed country could treat someone in this way for alleged non-violent offenses.

Japanese authorities literally turn a blind eye to companies run by Yakuza. I'm sure if investigators looked hard enough, half of Kabukicho would get closed down.

Oh and don't mention the overt corruption / discrimination of medical schools extrance exams fixing. Where else is this kind of thing yet to be uncovered?

The PM making sure his mates and acquaintances get discounted land deals and OKs to open vet schools.

The TEPCO fiasco.

Japan is one messed up country.

12 ( +14 / -2 )

I am a proud supporter of Japan and it´s culture and have trust in their legal system.

-4 ( +0 / -4 )

and have trust in their legal system

Then you don't properly understand their legal system.

The criminal justice system has a conviction rate that exceeds 99%.

That statistic on its own should cause you to question their practices and methods.

15 ( +17 / -2 )

I support Japan, I support the presumption of innocence, and I support the Justice System Reform Council.

9 ( +9 / -0 )

Between US isolationism and UK exceptionalism is a sinking ship called Japan. Adios amigos, will anyone really miss you?

-1 ( +1 / -2 )

Tokyo court denies request for Ghosn's release on bail

Then apply again. Under Japanese law a defendant who has been indicted can apply unlimited times after being refused.

6 ( +6 / -0 )

Gotta bow deeper Ghosn. Bow, bow, bow. Then you will get away scott-free.

0 ( +2 / -2 )

"I am a proud supporter of Japan and it´s culture and have trust in their legal system"

Lol... Fingers crossed you never get wrongly ACCUSED of a crime in Japan because your life will be 100% ruined no matter the outcome.

15 ( +15 / -0 )

This is not a simple case he bribed many people, and on bail could influence many

-4 ( +0 / -4 )

on bail could influence many

Or to quote the Nikkei Asian Review...

If Ghosn is released on bail, he may launch a counterattack on Nissan's management.

5 ( +5 / -0 )

papigiulio

Can we see some evidence already? Just a tiny bit.

According toother responsible Japanese news sources as well as international sources, such as Bloomberg

Here is some of the evidence

breaking of Financial Instruments law by underreporting income

Aggravated breach of trust secretly using Nissan fund to wire @ 1.3 billion Yen of Nissan funds to Saudi contact

3 Nissan funds - 3.5 billion - secretly transferred to Oman contact without board approval

Nissan funds - 1.7 Billion to Lebanese contact also via Dutch subsidiary

Shell company set up in Ghosn's wife;s name used funds to pruchase luxury items ,such as a yacht

Ghosn himself secretly received addition 1 billion Yen remuneration ( above and beyond his salarys from Nissan & Renault) fro undisclosed reasons

7. 1 billion Yen given secretly to Mouna Sepehri who was on the Dutch unsiisary board. The reason is unknown.

a former chairman received 1 Billion Yen - for undisclosed reason - and it appears that there may be criminal charges files for this action

These are the biggies. We are not even at Gosn using Nissan funds to pay for family holidays - etc

Not to mention the homes he had refurbished on Nissan moneys.

There is a lot there.

It is interesting how certain news publication offer the full details and others filter.

-4 ( +2 / -6 )

Semperfi-San seems to be more informed than any source of information on earth one can obtain about Ghosn,  such a misrepresentation of the use of funds is a cheap demagoguery

0 ( +1 / -1 )

@Hshigoto

Read Bloomberg, Washington Post, Le Monde, The Guardian, Financial Times, Mainichi ,Wall Street Journal , NHK ect-

Don't limit yourself to just one news source. :-)

That is how one stays informed

-5 ( +0 / -5 )

It is an easy response making reference to wide range of countradictory articles of many sources

in which we can find for any political, economic, or judicial suject a mixed of allegations

and suppositions varying through the flow of events. Ghosn has no media to transmit his responses,

even if some of the amounts would be exact,

the crucial question is about the reasons of their use

in what conditions, and whether another responsables of Nissan have agreed (or not).

2 ( +2 / -0 )

The problem is the continuity of harsh treatment inflicted by Japanese justice against a detained of 64-year-old may lead to serious health troubles such heart attack or stroke (no pb since the death would be certified by well-chosen doctors as sudden natural death not related at all to the conditions of detention).

All decisions of prosecutors, particularly in recent weeks, suggest that such event (Gohsn "natural" death) may fit the wishes of strong alliance built up by:

[Japanese prosecutors] U [Nissan(Saikawa)]

3 ( +4 / -1 )

Absolute abuse of authority.

5 ( +5 / -0 )

I'm guessing the Tokyo prosecutors are impervious to any criticism, but I sense the following could become a problem: If Ghosn eventually breaks down and confesses, among people who are not native-born ethnic Japanese citizens of Japan only the most diehard Japanophiles wearing the rosiest of rose-colored glasses will believe that Ghosn's confession is true. In other words, the only way to know for sure that Ghosn hasn't made a false confession will be to let him go free very soon afterwards. If he does not retract the confession at that point, then we'll know for sure that he was telling the truth.

3 ( +3 / -0 )

MASSWIPE  In other words, the only way to know for sure that Ghosn hasn't made a false confession will be to let him go free very soon afterwards.

The only way to know the prosecution's case is valid when they corroborate the charges with irrefutable evidence - whether Ghosn confesses or not.

tokyodoumo Absolute abuse of authority.

Whether we agree with the japanese justice system or not - and it may indeed seem heavy handed - does not mitigate against Ghosn's irresponsible and improper use ( misappropriation) of Nissan money (for personal interest & gain and not company's advancement) in his capacity as CEO .

-4 ( +0 / -4 )

Here is some of the evidence

"alleged" would be a better word to use, as it seems to me you have already convicted him without a trial.

These are the "allegations", and they are being used to try him in the press!

3 ( +3 / -0 )

Whether we agree with the japanese justice system or not - and it may indeed seem heavy handed - does not mitigate against Ghosn's irresponsible and improper use ( misappropriation) of Nissan money (for personal interest & gain and not company's advancement) in his capacity as CEO .

Didnt realize you wrote this reply until after my previous one. Although it does reinforce the idea I have that you are all ready to lynch Ghosen without the benefit of a trial!

I pray you are never in a similar situation where you are "convicted" based upon allegations and no trial!

0 ( +0 / -0 )

*The only way to know the prosecution's case is valid when they corroborate the charges with irrefutable evidence - *whether Ghosn confesses or not.

And this is where the rose-colored glasses part becomes relevant. From my vantage point, for the prosecutors corroborating the charges against Ghosn with "irrefutable" evidence appears to be a very, very distant second objective to extracting a confession (true or not) out of him. For the prosecutors, to them it looks like it will be "case closed" the moment Ghosn confesses. The moment of confession is what they're waiting for, not to mention the rabid media. I doubt the prosecutors even want this case to go to trial at all.

3 ( +3 / -0 )

Not allowing bail with the only conceivable reason as giving more time to extract a forced confession is appalling, innocence or guilt being beside the point. Also appalling is the selective leaking of accusations and their one-sided information drip by drip to convict the person via the media. Reading responses such as Semperfi's where he simply lists some lists media rumors and some of the prosecutor's accusations with no evidence and with no defense allowed shows how well it "works". Appalling!

3 ( +3 / -0 )

"You won't confess?... then here's some more accusations."  The JJS is losing face and they won't stand for it. Ghosn is going by the book and JJS can't stand his lecturing. JJS, "talk the talk, or walk the walk. The international community is watching!"

3 ( +3 / -0 )

Does anybody think that the order to arrest the Nissan CEO/ Ghosn would not have happened without approval from the highest office in the land? I cannot fathom any other scenario .....

1 ( +1 / -0 )

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