The judge didn't give any clear reason for approving the detention. He just used boilerplate language that they use in all of these cases.

welcome to Kafka's World

Seriously !?

The indictments of Dec 10 are clear.

And the allegations -supported by documentation - re having NISSAN cover Ghosn's collateral on personal foreign-exchange forward contract raise serious questions to many business analysts - and the proceedings will corroborate the judges statement.

{Whether or not Nissan incurred losses in these transactions is beside the point. )

The fact that Nissan was considered a 'stopgap' option for Ghosn's personal trading losses presents an already-flawed picture .

There were other allegation re Ghosn's misuse of NISSAN money for private matters that - should have been - but were not included in Ghosn's statement. I suppose the will need to be addressed.

the allegations -supported by documentation - re having NISSAN cover Ghosn's collateral on personal foreign-exchange forward contract raise serious questions to many business analysts - and the proceedings will corroborate the judges statement.

This "documentation" is provided by Nissan itself. The company seems to be conducting a boardroom coup d'etat. So, should we consider this "documentation" to be convincing? Is it even real?

The fact that Nissan was considered a 'stopgap' option for Ghosn's personal trading losses presents an already-flawed picture.

Has this been established yet? If not, you err in using the word "fact" here. And again, it is based on "documentation" provided by Nissan.

"Documentation" can be fabricated, and in this case, there is at least somewhat a chance that it was.

There were other allegation re Ghosn's misuse of NISSAN money for private matters that - should have been - but were not included in Ghosn's statement. I suppose the will need to be addressed.

He could not possibly have used any Nissan money for private matters, without someone else (probably several people) knowing about it and approving it. And surely, they wouldn't have approved it.

I doubt Mr. Ghosn kept all of Nissan's money in a safe next to his desk, with access to that safe given only to him.

Also, you used the word "allegation," and quite rightly. It is an allegation. An allegation is not proof. And this allegation is based on "documentation" provided by Nissan, a company now headed by a man whom Mr. Ghosn had planned on firing.

Don't you think that is at least somewhat questionable?

JenniScheibel:

Well moneys moved via the Dutch subsidiary and had to go through certain banks.

So there is a 'documentable' paper trail.

.Ghosn had money moved to Oman, Lebanon, and to Saudi Arabian contacts.

This data cannot be concocted.

Ghosn even admits to it, but says he did this on to pay for 'service'.

He could not possibly have used any Nissan money for private matters, without someone else 

Yes indeed. You are right.

There are at least 2 other Exec who are complicite, according to other J news sources.

These individuals will be consequenced - charged or they made a plea agreement. - in due time.

The stuff on Ghosn actually surfaced because the securities division of Japan was doing an investigation on the houses (in Lebanon, Brazil etc) Nissan had bought for Ghosn.

It raised suspicion.

In the course of that investigation one of the top Nissan Execs -who is NOT Japanese, but was close to Ghosn- divulged all what had been going on. (according to several other Intern'l news sources)

Don't you think that is at least somewhat questionable?

Well .... we all ,really, are getting only parts of the story.

So it's hard to be certain to what depths the financial misconduct actually plummeted..

I just read an analysis in Washington Post, and the analyst 's perspective in that article was that Ghosn's exit was overdue.

From JT, yesterday.

Two reasons, 'boilerplate' perhaps, but very clear.  

(And maybe not very believable.)

Quote: "Presiding Judge Yuichi Tada read out the charges and said Ghosn was being detained due to flight risk and the possibility that he may conceal evidence."

semperfi - I believe the comments made by Otsuru were in regards to the judges weak reasons for continual detention - flight risk & destruction of evidence.

This was not a trial and the content of the allegations was not being decided / judged. That will come.

This simply was a hearing as to why Ghosn is still being detained and cannot be afforded bail. Nothing to do with guilt or innocence.

The chances of Ghosn fleeing the country are extremely low and prosecutors have been gathering evidence and preparing their case for over 6 months in total now. Ghosn cannot destroy that.

No - this non-bail decision is simply about losing face, and even more so now the international media is not letting go of the story. Rugby World cup is coming soon to add to the PR dilemma.

Regardless of Ghosn's guilt or not - maybe he is, the prosecutors probably thought they had this all stitched up and Saikawa probably thought he'd be Keidanren Man of the Year.

browny1 :Saikawa probably thought he'd be Keidanren Man of the Year.

While you make some good points - re; Saikawa, I would say NOT REALLY !!!

Saikawa KNOWS his days are numbered.

expat : This judge would not have been put in charge of this trial unless he had been ideologically vetted

Judges are human beings- and thus have personal socio-political leanings.

This is true in every country.

However the judge , in THIS case, on a professional level, must work within the legal code.

The last thing the government wants from a judge here is the ability to reason *

That is an oxymoron.

Legal codes - in any country- are complex.

Case law is replete with precedents that often seem contradictory containing almost imperceptible caveats.

Judges - by the very nature of the profession - MUST be able to think critically and analytically and be attentive to even the most miniscule detail to understand how"the law" applies.

The last thing this ministry of justice wants - given the high international profile of this case - is a judge who is not just while working precisely within the parameters of the J. law..