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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.

Datsun's lackluster initial sales fall below Tata Nano

When Tata introduced the Nano back in 2008, everyone was amazed at how cheap it was. They called it a game changer, but no game was changed. In fact, it took Tata five years to sell the 250,000 units it had the capacity to build in a single year. As it turns out, even buyers in what economists call "developing markets" like India aren't necessarily interested in buying an ultra-cheap automobile. And now it appears that Nissan may be falling into the same trap.
A little over a year ago, Nissan revived its old moniker Datsun to serve as a budget brand - similar to what ally Renault did with Dacia. Its lineup (consisting of models like the Go hatchback, Go+ minivan, On-Do sedan and Mi-Do hatch) is largely based on old architecture, packaged with little more than basic equipment and sold at rock-bottom prices. But Bloomberg reports that, even in the brand's core markets like India and Indonesia, the new Datsuns haven't been selling.
According to local industry figures, Datsun has sold fewer than 10,000 units of its $5,100 Go hatchbacks in India since its introduction back in March. Maruti Suzuki, by comparison, sells twice that many of its similarly priced Alto hatchbacks every month. In fact, after peaking in April, Datsun only sold 607 units in India this past July, dipping 77 percent to drop below even the number of Nanos which Tata sold that month.

Carlos Ghosn to make first public appearance in seven weeks on Tuesday

Ousted Nissan chairman Carlos Ghosn is set to make his first public appearance in seven weeks at a Tokyo court on Tuesday after he requested an open hearing to hear the reason for his continued detention. Ghosn has been held in a detention center since his Nov. 19 arrest on allegations of financial misconduct, which was followed by re-arrests over further allegations. The hearing will take place at 10:30 local time (0130 GMT) on Jan. 8, the Tokyo District Court said on Friday. The reason behind the timing of Ghosn's request was not clear. Earlier this week, the court approved an extension to Ghosn's detention until Jan. 11, after re-arrest by prosecutors who accuse him of aggravated breach of trust in transferring personal investment losses to Nissan. Those allegations center on the use of company funds to pay a Saudi businessman who is believed to have helped him out of financial difficulties, sources said last week. According to an article from The New York Times, Ghosn and his family assert that he is innocent. In remarks Ghosn made while under detention in Japan, he is reported to have said through his lawyer, "I want to have my position heard and restore my honor in court." Former Nissan executive Greg Kelly, who has been charged with conspiring to under-report Ghosn's income, has been released on bail after the court ruled against extending his detention while he awaits trial. Ghosn's arrest was followed by his removal from roles at Nissan and Mitsubishi. The case has rocked the auto industry and strained Nissan's ties with French partner Renault where Ghosn still remains chairman and chief executive. Renault has launched a search for an interim chief to fill Ghosn's roll at the French company as he deals with these legal cases in Japan. The arrest has also put some of the practices of Japan's criminal justice system under international scrutiny, including keeping suspects in detention for long periods and prohibiting defense lawyers from being present during interrogations. (Reuters contributed to this report.)Related Video: