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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.

Some NY cabs could avoid hybrid ban

The Nissan NV200 is having a rough go of it as New York City's Taxi of Tomorrow. The Greater New York Taxi Association wants the van banned on the grounds that it isn't a hybrid, and has gone so far as to sue the city to keep the NV200 out of taxi fleets. According to The New York Times, the city has responded by proposing to allow taxi drivers to use certain hybrid vehicles. The Taxi and Limousine Commission's proposal would allow any vehicle with an interior volume of 138 cubic feet or more. Unfortunately, that excludes nearly every machine that isn't the size of the NV200.
Technically, Nissan is working on a hybrid version of the Taxi of Tomorrow, but it may be years before that model hits the streets, and the Greater New York Taxi Association isn't satisfied with the city's offer. In a statement, the Association said, "These rules look like they have been created to short-circuit the litigation. We do not consider this to be a serious proposal."

Arrest warrant for Ghosn's wife a 'pathetic' move by Japan, spokeswoman says

BEIRUT — A decision by Japanese prosecutors to issue an arrest warrant for Carlos Ghosn's wife shortly before the fugitive car boss was due to speak publicly about his case was "pathetic," a spokeswoman for Ghosn told Reuters on Tuesday. The ousted Nissan Motor and Renault chairman fled to Lebanon, his childhood home, in late December from Japan, where he faced trial for alleged financial misconduct. Ghosn is expected to speak on Wednesday at a news conference in Beirut and detail some of the claims he has made against Nissan since his arrest in November 2018. He has alleged there was a Japanese government-backed coup to oust him. It's his first such appearance since his arrest in November 2018. "Last time Carlos Ghosn announced a press conference and got re-arrested. This time, the day before he is announced to speak out freely for the first time, they issued an arrest warrant for his wife Carole Ghosn," the spokeswoman said. Japanese prosecutors issued the warrant for Ghosn's wife Carole for perjury, Japanese media reported. The spokeswoman said Carole Ghosn voluntarily went back to Japan nine months ago to answer prosecutors' questions and was free to go without any charges. "The issuance of this warrant is pathetic," she said. Japan is looking for a way to extradite Ghosn, but Lebanon and Japan have no extradition agreement and Lebanon does not normally extradite its own citizens. The perjury arrest warrant accuses Carole Ghosn of falsely claiming not to know, or to have met, people connected to a company that received payments from Nissan Motor, part of which it subsequently transferred to a firm owned by Ghosn. Separately, a senior Ministry of Justice official said staff were poring over Lebanese laws to find a way to return Ghosn and that Japan "will do whatever it can" to have him face trial.   Naming names at Nissan Ghosn is expected to detail some of the claims he has made against Nissan since his arrest. Citing an interview with Ghosn, Fox Business reported that he said he has "actual evidence" and documents to show there was a Japanese government-backed coup to "take him out." He plans to identify those he believes responsible, the broadcaster said.