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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.

Nissan recalls 226k vehicles over airbag inflators

Nissan and Infiniti are the latest automakers to issue recalls involving faulty airbag inflators from Takata. The Japanese automakers have announced campaigns covering about 226,326 units from seven models built in the early 2000s because they contain the bad part in the passenger-side, front airbag. The affected vehicles include the 2002-2004 Nissan Sentra, 2002-2003 Pathfinder and 2002-2003 Maxima, and it also covers the 2002-2003 Infiniti QX4, 2002-2003 I35, 2003 FX45 and 2003 FX35.
Like the other vehicles with the faulty inflators, it's possible for the part to rupture during airbag deployment and spray metal shrapnel at occupants. Nissan and Infiniti have even included vehicles with replacement airbags in this campaign because those parts also could have been defective. Both companies were also part of the earlier regional campaign to fix cars in high-humidity climates where the problem has been found to be the worst.
As is the usual response, Nissan and Infiniti will notify owners of the affected vehicles and will make the repair at no charge. According to the filing with the National Highway Traffic Safety Administration, these fixes will commence around August 11. Scroll down to read the report from NHTSA, or read the full defect notice as a PDF, here.

California to stop buying GM, Toyota and Fiat Chrysler vehicles over emissions fight

WASHINGTON — California said on Monday it will halt all purchases of new vehicles for state government fleets from GM, Toyota and Fiat Chrysler and other automakers backing President Donald Trump in a battle to strip the state of authority to regulate tailpipe emissions. Between 2016 and 2018, California purchased $58.6 million in vehicles from General Motors, $55.8 million from Fiat Chrysler Automobiles, $10.6 million from Toyota Motor and $9 million from Nissan. Last month, GM, Toyota, Fiat Chrysler and members of the Global Automakers trade association backed the Trump administration's effort to bar California from setting tailpipe standards, which are more rigid than Washington's proposed national standards. The automakers declined or did not immediately comment on California's announced ban on purchases of their vehicles. Starting in January, the state will only buy from automakers that recognize California's legal authority to set emissions standards. Those automakers include Ford, Honda, BMW AG and Volkswagen AG, which struck a deal with California in July to follow revised state vehicle emissions standards. "Car makers that have chosen to be on the wrong side of history will be on the losing end of CaliforniaÂ’s buying power," California Governor Gavin Newsom said in a statement. California purchased $69.2 million in vehicles from Ford over the three-year-period, $565,000 from Honda and none from the German automakers. The state also disclosed it will immediately no longer allow state agencies to buy sedans powered by an internal combustion engine, with exemptions for certain public safety vehicles. California's vehicle rules have been adopted by 13 other states. On Friday, California and 22 other U.S. states challenged the Trump administration's decision to revoke California's legal authority to set vehicle tailpipe emissions rules and require a rising number of zero emission vehicles (ZEV). The move follows a separate lawsuit filed in September by the states against the National Highway Traffic Safety Administration seeking to undo a parallel determination. In August 2018, the Trump administration proposed freezing fuel efficiency requirements at 2020 levels through 2026, reversing planned 5% annual increases. The Trump administrationÂ’s final requirements are expected in the coming months and are set to modestly boost fuel efficiency versus the initial proposal, with several automakers anticipating annual increases of about 1.5%.