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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.

2023 Japan Mobility Show Editors' Picks

No, it's no longer called the Tokyo Motor Show, but the Japan Mobility Show is still in Tokyo and it still has to do with motors. In fact, with the rise of EVs, it's more of a motor show than ever before. And there were an astounding number of motors (and engines) to see, or at least concepts that hypothetically have them. Truly, we haven't seen a turnout this amazing since before the pandemic.  As such, the 2023 Japan Mobility Show featured plenty of machines that could, and did, snag points from our editors. And yet, even with the massive field, one car, unequivocally, stole our hearts. Read on to see our favorites.   Toyota Land Cruiser Se concept View 4 Photos 5. (Tie) Toyota Land Cruiser Se  While this concept is not quite the off-roader that the Land Cruiser is known to be, a street-focused electric SUV seems like a fine fit for the Toyota portfolio. It's hard to imagine we won't see an electric Land Cruiser come to production one day, filling out that as-yet underrepresented three-row EV segment. Give us an even more rugged version, and we'll be happy — Senior Editor, Green, John Beltz Snyder   Subaru Sport Mobility Concept View 7 Photos 5. (Tie) Subaru Sport Mobility I'm still waiting for a fun, electric sport coupe, and as much as I enjoy the likes of the rear-drive BRZ, I could have some serious fun in something like this all-wheel-drive Subaru Sport Mobility year round. I could fill that hole in my heart left by my '04 WRX. — Senior Editor, Green, John Beltz Snyder   Toyota EPU concept View 4 Photos 4. Toyota EPU You know what I like? Useful, funky little vehicles. The Ford Maverick and Hyundai Santa Cruz fit that bill well, and it seems a lot of other people like them, too, based on demand. You know what I also like? EVs. You know what combines those two things? The Toyota EPU. Assuming it was priced fairly reasonably (well below $40,000 is what I'm thinking), I would seriously be looking at getting one. I also seriously hope that Toyota's seriously looking at launching this, because it seems like a seriously great package. Seriously. — News Editor Joel Stocksdale   Mitsubishi D:X Concept View 8 Photos 3. Mitsubishi D:X Concept We sure do wish Mitsubishi sold the Delica here in the United States. We've long been fans of the van, which initially was sold in rear-wheel-drive form but adopted four-wheel drive in the early 1980s, and judging by the numbers we see imported to the States, we're not the only ones.

Nissan ex-Chairman Carlos Ghosn wins release from jail

TOKYO — The Tokyo District Court approved the release of former Nissan Chairman Carlos Ghosn on bail of 1 billion yen ($8.9 million) on Tuesday, although the end of his four months of detention in Japan was delayed when prosecutors appealed that decision. Prosecutors filed their objection to Ghosn's release within hours of the announcement he was going to be granted bail. But their appeal was rejected by the court, paving the way for his release. A lawyer for Ghosn said he would not be able to leave the Tokyo Detention Center until Wednesday at the earliest, because bail procedures can't be done at night. The acceptance of Ghosn's request for bail, his third, came a day after the lawyer, Junichiro Hironaka, said he was confident the auto executive would gain his release. Hironaka, who recently joined Ghosn's defense team, is famous for winning acquittals in Japan, a nation where the conviction rate is 99 percent. Hironaka said Monday that he had offered new ways to monitor Ghosn after his release, such as camera surveillance. Hironaka also questioned the grounds for Ghosn's arrest, calling the case "very peculiar," and suggesting it could have been dealt with as an internal company matter. He welcomed the decision, telling reporters: "It was good we proposed concrete ways showing how he would not tamper with evidence or try to flee." The 1 billion yen bail set by the court was relatively high but not the highest ever in Japan. Among the conditions for Ghosn's release were restrictions on where he can live, a ban on foreign travel and other promises not to tamper with evidence or try to flee, the court said. The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on Nov. 19. He says he is innocent of charges of falsifying financial information and of breach of trust. In Japan, suspects are routinely detained for months, often until their trials start. That's especially true of those who insist on their innocence. Prosecutors say suspects may tamper with evidence and shouldn't be released. Two previous requests submitted by his legal team were denied. His previous defense lawyer, Motonari Ohtsuru, had said Ghosn's release might not come for months. Hironaka is among many critics of the Japanese justice system who say such lengthy detentions of suspects are unfair.