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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 video: 'This is about conspiracy. This is about backstabbing'

TOKYO — Nissan's former Chairman Carlos Ghosn maintained his innocence in a video released by his legal team Tuesday and accused some executives at the Japanese automaker of a "conspiracy" that led to his arrest on financial misconduct allegations. "The first message is that I'm innocent," said Ghosn, wearing a white shirt and dark jacket and speaking calmly in the nearly 10-minute video shown at the Foreign Correspondents' Club in Tokyo. "This is a conspiracy," he said. "This is not about specific events, this is not about, again, greed, this is not about dictatorship. This is about a plot. This is about conspiracy. This is about backstabbing." His lawyer Junichiro Hironaka said the video was prepared in case Ghosn was not able to speak at a news conference planned for Thursday. Ghosn was arrested last week while out on bail and remains at the Tokyo Detention Center. Ghosn said the executives behind the conspiracy were motivated by what he called "selfish fears," including what they saw as a merger with French alliance partner Renault SA. They mistook his leadership for greed and dictatorship, when he was the biggest defender of Nissan's autonomy, Ghosn said. He also said he was worried about Nissan, wondering whether those executives were really watching out for the company. Hironaka said a section of the video in which Ghosn mentioned names was removed on his legal advice. Nissan Motor Co., while declining to comment on the criminal case, has said an internal investigation has found that Ghosn falsified financial documents to under-report compensation, and that he used Nissan money for personal gain. "Nissan's internal investigation has uncovered substantial evidence of blatantly unethical conduct," company spokesman Nicholas Maxfield said when asked for comment on Ghosn's video. "The company's focus remains on addressing weaknesses in governance that enabled this misconduct." Ghosn's fourth arrest was on a fresh breach of trust allegation based on suspicion that payments from a Nissan subsidiary to an Oman dealership were diverted to a company effectively run by Ghosn. On Monday, Nissan Motor Co. shareholders voted to oust Ghosn from its board and to approve the appointment of French alliance partner Renault SA's Chairman Jean-Dominique Senard as Ghosn's replacement. Renault owns 43 percent of Nissan.

IIHS: High numbers of drivers treat partially automated cars as fully self-driving

WASHINGTON — Drivers using advanced driver assistance systems like Tesla Autopilot or General Motors Super Cruise often treat their vehicles as fully self-driving despite warnings, a new study has found. The Insurance Institute for Highway Safety (IIHS), an industry funded group that prods automakers to make safer vehicles, said on Tuesday a survey found regular users of Super Cruise, Nissan/Infiniti ProPILOT Assist and Tesla Autopilot "said they were more likely to perform non-driving-related activities like eating or texting while using their partial automation systems than while driving unassisted." The IIHS study of 600 active users found 53% of Super Cruise, 42% of Autopilot and 12% of ProPILOT Assist owners "said that they were comfortable treating their vehicles as fully self-driving." About 40% of users of Autopilot and Super Cruise — two systems with lockout features for failing to pay attention — reported systems had at some point switched off while they were driving and would not reactivate. "The big-picture message here is that the early adopters of these systems still have a poor understanding of the technologyÂ’s limits," said IIHS President David Harkey. The study comes as the National Highway Traffic Safety Administration (NHTSA) is scrutinizing Autopilot crashes. Since 2016, the NHTSA has opened 37 special investigations involving 18 deaths in crashes involving Tesla vehicles and where systems like Autopilot were suspected of use. Tesla did not respond to requests for comment. Tesla says Autopilot does not make vehicles autonomous and is intended for use with a fully attentive driver who is prepared to take over. GM, which in August said owners could use Super Cruise on 400,000 miles (643,740 km) of North American roads and plans to offer Super Cruise on 22 models by the end of 2023, did not immediately comment. IIHS said advertisements for Super Cruise focus on hands-free capabilities while Autopilot evokes the name used in passenger airplanes and "implies TeslaÂ’s system is more capable than it really is." IIHS in contrast noted ProPILOT Assist "suggests that itÂ’s an assistance feature, rather than a replacement for the driver." NHTSA and automakers say none of the systems make vehicles autonomous. Nissan said its name "is clearly communicating ProPILOT Assist as a system to aid the driver, and it requires hands-on operation.