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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.

Weekly Recap: Toyota wants cars to be your 'close friends' around 2020

Toyota confirmed plans this week to launch autonomous technology in its production cars around 2020. The automaker's version is called Highway Teammate, and it's one element of a broader mobility strategy that includes vehicles communicating with each other and the grid. "Toyota believes that interactions between drivers and cars should mirror those between close friends who share a common purpose, sometimes watching over each other and sometimes helping each other out," the company said in a statement. That sounds utopian, and perhaps a bit cheesy, but it's an acknowledgment that autonomous driving requires more than technology developed in a vacuum. Toyota is looking at its research in a broader context, and dubs its overall strategy the Mobility Teammate Concept. Highway Teammate is the first step. Its test vehicle is a modified Lexus GS, which uses road-mapping data and external sensors to merge or exit highways, change lanes, and maintain safe distances during driving. It's operated on the Shuto Expressway in Tokyo. Toyota has been working on autonomous tech since the 1990s, with the goal of providing mobility for older people and the disabled, as well as lowering the frequency of traffic accidents. Toyota's push comes as an early adopter, Nissan, is hedging on its own deadline to implement the autonomous tech by 2020 due to a lack of firm laws governing self-driving cars around the world. Conversely, Volvo took the landmark step of being the first automaker to accept liability for when its cars will operate in autonomous mode, and urged the US government to set federal guidelines to regulate the technology. OTHER NEWS & NOTES 2016 BMW M4 GTS: Your water-injected, turbo-boosted demon BMW is unleashing its most powerful M4 ever, a 493-horsepower special edition that's road legal yet bred for the track. The company is making 700 copies for sale around the world, and 300 of them will come to the United States. The twin-turbocharged 3.0-liter six-cylinder revs to 7,600 rpm and uses a water-injection technology to cool the intake air and lower the compression temperature. BMW says this allows it to wring more power out of the inline six. The car also uses carbon-fiber reinforced plastic for the roof, hood, engine compartment strut brace, drive shaft, and rear spoiler to reduce weight. The M4 features BMW's organic light-emitting diode taillights, which are said to be an industry first.

Ex-Nissan exec Greg Kelly's suspended sentence lets him go home

TOKYO — A Tokyo court gave Greg Kelly, a former American executive at Nissan Motor charged with underreporting his boss Carlos GhosnÂ’s pay, a suspended sentence, but cleared him of most of the charges. The verdict announced Thursday of a 6-month sentence suspended for three years will allow Kelly to return to the U.S. during an appeal. Kelly's defense lawyers said they will appeal. It was unclear if prosecutors would also do so. Kelly, who appeared calm during the court session, said afterward that he was stunned by the verdict. “I have always acted in the best interests of Nissan, and I have never been involved in an unlawful act,” said Kelly, who is planning to head back to Tennessee. The court acquitted Kelly on some counts but found him guilty of charges for just one of the eight years for which the compensation allegedly was under-reported. The defense team said that was unacceptable. “Kelly is completely innocent. We cannot accept the erroneous ruling that found him guilty for that final year,” the defense, headed by Yoichi Kitamura, said in a statement. Kelly was arrested in November 2018 at the same time as Ghosn, a former Nissan chairman and head of the Renault-Nissan-Mitsubishi alliance. Both insist they are innocent and that the money in question was never paid or decided on. The trial at Tokyo District Court began in September 2020, with Ghosn absent after he jumped bail in late 2019, hiding in a box for music instruments on a private jet. He fled to Lebanon, which has no extradition treaty with Japan, and has been writing books and making movies about his experiences. During ThursdayÂ’s session, Chief judge Kenji Shimotsu repeatedly slammed Ghosn, telling the court Ghosn showed greed and malice in a “dictatorial rule” at Nissan. Nissan's faulty governance misled investors and had a damaging impact, he said. Shimotsu said Ghosn made an arrangement for his compensation that was “conducted solely out of his personal greed.” “There is absolutely no room for extenuating circumstances in his motive,” he said. Ghosn called the judgement a “save-face verdict” for the prosecutors and other Nissan executives that he accuses of colluding against him, Kelly, Renault and all shareholders. “I am relieved for Greg and his family,” Ghosn said in a Zoom call with a small group of reporters.