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Carlos Ghosn, a year after arrest, still seeks trial date and access to evidence

TOKYO — A year after his arrest, Nissan ex-Chairman Carlos Ghosn remains stuck in Tokyo under stringent bail conditions and without a trial date as he seeks access to a trove of Nissan emails and other evidence to fight charges of financial misconduct. His lawyers have asked a court to grant access to 6,000 pieces of evidence collected from Nissan such as electronic communications, which they say is crucial for a fair trial, showed an Oct. 4 court filing seen by Reuters. The once-feted executive has spent 129 days in detention since his arrest shortly after his private jet touched down at a Tokyo airport on Nov. 19, 2018. He faces four charges — which he denies — including hiding income and enriching himself through payments to dealerships in the Middle East. Nissan sacked Ghosn, saying its internal investigations revealed misconduct ranging from understating his salary while he was its chief executive, and transferring $5 million of Nissan funds to an account in which he had an interest. An earlier court ruling allowed prosecutors to hand back evidence to Nissan during pretrial wrangling over witnesses and evidence similar to the U. S. discovery process. If prosecutors are "given the freedom to unilaterally delete the collected evidence and return it to relevant parties, this is equivalent to granting the investigative agencies the right to destroy evidence," showed the filing to the Tokyo District Court. The lawyers also asked the court to rescind the earlier ruling, saying some evidence could be erased by Nissan to protect confidential business information. They argued the "ruling deprives Mr. Ghosn of his right to receive a fair public trial by an impartial court," as it enabled prosecutors to view and use the evidence and withhold it from the defense. Prosecutors are not required to hand over all evidence they or the police gather during investigations unless ordered by the court, unlike in the U.S. discovery process where prosecutors and defense lawyers disclose the evidence they intend to present in court. A spokeswoman for the Tokyo prosecutors' office said the office could not comment on individual cases. A Nissan spokeswoman declined to comment. Ghosn's lawyers have also asked the court to dismiss all charges against him, accusing prosecutors of colluding with government officials and Nissan executives to oust him to block any takeover of the automaker by French alliance partner Renault SA, of which Ghosn was also chairman.

Carlos Ghosn's arrest casts doubt on future of Renault-Nissan alliance

For years, France's Renault and Japan's Nissan struggled to make money in the global auto business. Then came Carlos Ghosn, a Renault executive who helped to orchestrate an unprecedented transcontinental alliance, combining parts of both companies to share engineering and technology costs. Now Ghosn's arrest in Japan for alleged financial improprieties at Nissan could put the nearly 20-year-old alliance in jeopardy. Ghosn, 64, born in Brazil, schooled in France and of Lebanese heritage, is set to be ousted this week from his spot as Nissan chairman. He could also lose his roles as CEO and chairman of Renault, threatening the alliance formed in 1999 that's now selling more than 10 million automobiles a year. He's been "the glue that holds Renault and Nissan together," Bernstein analyst Max Warburton wrote in a note to investors. "It is hard not to conclude that there may be a gulf opening up between Renault and Nissan." In fact, Nissan's investigation into alleged misconduct by Ghosn is expanding to include Renault-Nissan finances, sources told Reuters — in a further sign that Nissan may seek to loosen its French parent's hold on their global carmaking alliance. Nissan told Renault's board on Monday it had evidence of potential wrongdoing at Renault-Nissan BV, the Dutch venture overseeing alliance operations under Renault's ultimate control, three people with knowledge of the matter said. Renault's board planned to meet Tuesday to discuss Ghosn's fate. "Carlos Ghosn is no longer in a position where he is capable of leading Renault," French Finance Minister Bruno Le Maire told France Info radio, calling on Renault's board to meet "in the coming hours" to set up an interim management structure. The French government owns 15 percent in Renault and has a say in its operations. Nissan's board is to meet Thursday to consider Ghosn's fate. Nissan has said it will dismiss Ghosn after he was arrested for allegedly abusing company funds and misreporting his income. That opens up a leadership void at the entire alliance, for which Ghosn officially still serves as CEO and chairman. Ghosn added Mitsubishi to the alliance two years ago after the tiny automaker was caught in a gas-mileage cheating scandal. Renault owns 43.4 percent of Nissan, which owns 15 percent of Renault, with no voting rights in a partnership that began in 1999. Since 2016, Nissan has held a 34 percent controlling stake in Mitsubishi Motor Corp.

Recharge Wrap-up: Nissan Leaf in Puerto Rico, BMW i3 REx tax-free in NJ, BC2BC cancelled [UPDATE]

*UPDATE: Nissan has released a video of the Leaf in Puerto Rico, so we've embedded it below. Envia Systems will develop battery technology for United States Advanced Battery Consortium (USABC), a subsidiary of the United States Council for Automotive Research (USCAR). The $7.7 million contract, co-funded by the US Department of Energy (DOE), involves a 36-month development program focusing on high-energy cathode and anode material for lithium-ion batteries and pouch cells for electric vehicles. The goal, of course, is to create better energy storage for less money in an effort to make commercial EVs more efficient and affordable. For the DOE, this also equates to energy security, energy independence and national security. Read more in the press release at the bottom of the page. The US and China have agreed to work together more closely on EVs, energy and climate issues. US Secretary of Energy Ernest Moniz went to Beijing for the sixth US-China Strategic and Economic Dialogue to meet with leaders. While there, Moniz and Wu Xinxiong of China's National Energy Administration (NEA) signed a memorandum of understanding allowing the DOE and NEA to share information regarding oil reserves. The groups will meet yearly to learn more about how each other manages petroleum stockpiles and policy. Moniz also met with Minister Miao Wei of the Chinese Ministry of Industry and Information Technology and signed an MOU to cooperate on electric vehicles and "related technologies," including the "inter-operability of electric vehicles." Read more at the Energy Department website. August's BC2BC all-electric vehicle rally, billed as the largest gathering of electric vehicles, has been cancelled. The event, which was to include a drive up the entire coast from Mexico to British Columbia with smaller events along the route, failed to bring in the needed sponsorship to hold the rally for its third year. A Facebook post from organizer Tony Williams also cited loss of venue and lack of support from automakers - "particularly Nissan and Tesla" - as hardships. The event was scheduled to take place August 9 through 17, with only battery electric vehicles invited to take part - no plug-in hybrids or range-extended vehicles. Williams said he'd only try a similar event in the future if sponsorship were provided up front. Read more at Green Car Reports. The Nissan Leaf will finally go on sale in Puerto Rico.