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What to expect from the Japanese trial of Nissan and Greg Kelly

TOKYO — The criminal trial against Japanese automaker Nissan and its former executive Greg Kelly will open in Tokyo District Court on Tuesday. ItÂ’s the latest chapter in the unfolding scandal of Carlos Ghosn, a superstar at Nissan until he and Kelly were arrested in late 2018. Five questions and answers about the trial: Q: WHAT ARE THE ALLEGATIONS? A: The charges center around KellyÂ’s role in alleged under-reporting of GhosnÂ’s future compensation by about 9 billion yen ($85 million), a violation of financial laws. Kelly says he is innocent. Nissan, which is also similarly charged, has already acknowledged guilt, made corrections to the compensation documents submitted to the authorities, and has started paying a 2.4 billion yen ($22.6 million) fine. Q: WHAT HAPPENS TO GHOSN? A: Probably nothing. He skipped bail late last year and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts without bail, suspected of having helped Ghosn escape by hiding in a box on a private jet. A U.S. judge recently approved their extradition to Japan. The case is now before the U.S. State Department. Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN? A: The trial, before a panel of three judges, is expected to take about a year. There is no jury. Juries are selected only for extremely serious cases in Japan, such as murder. In principle, there are no plea bargains although backroom deals are made all the time. Closed pre-trial sessions are held ahead of the trialÂ’s opening, often for months before the real trial begins. Japan's legal system has come under fire from both within and outside the country as “hostage justice” because suspects often are held for months and interrogated without a lawyer present, often leading to false confessions, according to critics. Q: WHAT ARE KELLYÂ’S CHANCES? A: More than 99% of criminal trials in Japan result in a conviction. Japanese Justice Minister Masako Mori, in an online presentation in English hosted by the Japanese Embassy in the U.S., argued the conviction rate is so high because Japan prosecutes only about a third of the cases that come up, choosing only those that “result in guilty verdicts.” She insisted there is a “presumption of innocence.” She declined comment on KellyÂ’s case.

Ghosn says French ambassador told him: 'Nissan is turning against you'

BEIRUT — Former Nissan chairman Carlos Ghosn said on Tuesday that the French ambassador had warned him shortly after his arrest that his own company was plotting against him. "Frankly, I was shocked by the arrest, and the first thing I asked is make sure Nissan knows so they can send me a lawyer," Ghosn told Reuters in an interview in Beirut. "And the second day, 24 hours from this, I received a visit from the French ambassador who told me: 'Nissan is turning against you'. And this is where I realized that the whole thing was a plot." Former Nissan CEO Hiroto Saikawa, who was forced to resign last year after admitting that he had received improper compensation, told a news conference shortly after Ghosn's arrest that Ghosn had been using corporate money for personal purposes and under-reporting his income for years. The arrest of Ghosn, widely respected for rescuing the carmaker from near-bankruptcy, has put Japan's criminal justice system under international scrutiny. Among the practices now under the spotlight are keeping suspects in detention for long periods and excluding defense lawyers from interrogations, which can last eight hours a day. "When he told me that 'two hours or three hours later, after your arrest, Saikawa went in a press conference and made his infamous statement where he said, you know, 'I am horrified, but what I'm learning...'' — so when he told me he made these statements, I said 'Oh my God this is a plot'."   Related: Yamaha warns not to climb into instrument cases after Ghosn arrest   Ghosn, 65, fled Japan last month while awaiting trial on charges of under-reporting earnings, breach of trust and misappropriation of company funds, all of which he denies. The one-time titan of the car industry said the alternative to fleeing would have been to spend the rest of his life languishing in Japan without a fair trial. Ghosn said he had escaped to his childhood home of Lebanon in order to clear his name. He noted that there were conflicting stories about his astonishing escape, but declined to say how he had managed to flee. Tokyo prosecutors said his allegations of a conspiracy were false and that he had failed to justify his acts. The 14-month saga has shaken the global auto industry and jeopardized the Renault-Nissan alliance, of which Ghosn was the mastermind. Japan's Ministry of Justice has said it will try to find a way to bring Ghosn back from Lebanon, even the countries have no extradition treaty.

Prius AWD-e, Subaru Forester and car museums | Autoblog Podcast #565

On the latest Autoblog Podcast, Editor-in-Chief Greg Migliore is joined by Green Editor John Snyder. They talk about driving the 2019 Toyota Prius AWD-e and the 2019 Subaru Forester. Then they discuss the weeks new, including conspiracy theories about Nissan and Carlos Ghosn, GM's EV plans and classic Ford Broncos for sale. The editors reminisce about their favorite automotive museums. They also help a reader choose a replacement for his Audi S4 in the "Spend My Money" segment.Autoblog Podcast #565 Get The Podcast iTunes – Subscribe to the Autoblog Podcast in iTunes RSS – Add the Autoblog Podcast feed to your RSS aggregator MP3 – Download the MP3 directly Rundown 2019 Toyota Prius AWD-e 2019 Subaru Forester Was Carlos Ghosn set up? Should General Motors be required to build EVs domestically? Al Oppenheiser to work on GM EVs Gateway Broncos Our favorite car museums Spend My Money Feedback Email – Podcast@Autoblog.com Review the show on iTunes Related Video: