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Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.

Panoz mulls suing Nissan for ZEOD RC's Deltawing likeness

Imitation might be the sincerest form of flattery, but in racing, where something as simple as a car's shape can lead to a competitive advantage, imitation can be a big no-no. That reality is being played out right now, with the DeltaWing prototype and the Nissan ZEOD RC. The two cars, as you can see from the images above, bear a striking resemblance to each other. They're so similar, in fact, that Dr. Don Panoz, one of the big names behind the DeltaWing program, is assigning some legal eagles to investigate any patent infringement.
The similarity shouldn't be a shock, though. Both cars are penned by Ben Bowlby, and the DeltaWing - which will be arriving as a coupe in the very near future - had Nissan branding and power for a not-insignificant amount of time. But for Panoz, the ZEOD RC's resemblance is just a bit too much, as he told Autoweek, "It's been interesting to watch people from Nissan trying to dodge the question, but the fact is that in their own press release they admit that the configuration of the ZEOD is the same as the DeltaWing. And we do have patents, in fact another one was just issued last week. We are in discussions with our legal advisors and we'll see what happens."
Frankly, it's not difficult to see what Panoz means. The general shape of the ZEOD RC, with its wide rear track and narrow front track arrangement - not to mention the headlights mounted over the rear wheel arches and any arrangements not visible under the body - are so reminiscent of the DeltaWing that differences like the shape of its closed cockpit and more upright front end might not prove different enough to avert Panoz's legal action. We'll stay with this one and let you know as more becomes available.

Nissan's Kelly examined at Japanese hospital after securing bail

TOKYO — Nissan director Greg Kelly was being examined in a hospital on Wednesday, a source said, a day after he was released on bail from a Tokyo jail where his former boss Carlos Ghosn is still being detained. Kelly, an American who was released late on Christmas Day after more than a month in detention, has been charged with conspiring to under-report Ghosn's income. He posted bail of 70 million yen ($640,000). Their Nov. 19 arrests jolted the global car industry and has strained Nissan's alliance with French car maker Renault SA. Nissan's board last month fired Ghosn as chairman and Kelly as representative director, although both men technically still remain board members who can only be removed by shareholders. Kelly suffers from spinal stenosis, causing numbness, tingling and shooting pain in his extremities, according to a video message last week from his wife, Dee Kelly, appealing for his release. The condition compresses or pinches the spinal cord. Those symptoms worsened during his five weeks in the Tokyo Detention Center, his wife said, citing Kelly's lawyer. Kelly was scheduled to have surgery on Dec. 7 in Nashville, Tennessee, but flew to Japan last month after being told that he was needed in person at a board meeting, Dee Kelly said in the video. Kelly was arrested soon after his arrival. Under the conditions of his bail, Kelly is barred from traveling overseas and his residence must be restricted to a designated place, the Tokyo District Court said. Lawyers say that travel exceptions can be made on a case-by-case basis. Kelly walked out of the detention center around 10:45 pm (1345 GMT) Thursday night wearing a light-colored jacket and was whisked away in a black taxi. Japanese media showed footage of Kelly entering a hospital around midnight. After his release from detention, Kelly issued a statement through his lawyer saying he had not falsified any documents and looked forward to restoring his honor in court. "I believe my innocence will be revealed in the trial," he said. Kelly also said in the statement he wanted to see a doctor immediately and get the appropriate treatment or operation originally scheduled for early December. The office of his lawyer, Yoichi Kitamura, did not respond to requests for comment. Ghosn was re-arrested on Friday based on suspicions that around October 2008 he shifted personal trades to Nissan to make it responsible for 1.85 billion yen ($16.6 million) in appraisal losses, prosecutors said.