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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.

Carlos Ghosn was on verge of release — so prosecutors file new allegation

TOKYO — Japanese prosecutors added a new allegation of breach of trust against Nissan's former chairman Carlos Ghosn on Friday, dashing his hopes for posting bail quickly. Ghosn and another former Nissan executive, Greg Kelly, were arrested Nov. 19 and charged with underreporting Ghosn's income by about 5 billion yen ($44 million) in 2011-2015. They also face the prospect of more charges of underreporting Ghosn's income for other years by nearly 10 billion ($80 million) in total. The breach of trust allegations were filed a day after a court rejected prosecutors' request for a longer detention of both men. The new allegation only applies to Ghosn, and Kelly could still be bailed out. A request for bail by Kelly's lawyer is pending court approval, according to the Tokyo District Court, but his release will have to wait until next week since the request was still in process after office hours Friday. Prosecutors in a statement Friday alleged that Ghosn in 2008 transferred a private investment loss worth more than 1.8 billion yen ($16 million) to Nissan by manipulating an unspecified "swap" contract. Ghosn also profited by having the company transfer a total of $14.7 million to another company to benefit himself and that company's owner, who helped in the contract manipulation, prosecutors said. Shin Kukimoto, deputy chief prosecutor at the Tokyo District Prosecutors Office, refuse to say if the two transactions were related or how Ghosn illegally profited. He also declined to identify the collaborator or whether the transactions were made overseas. Ghosn and Kelly are only charged with underreporting Ghosn's pay over five years, in violation of the Financial Instruments and Exchange Act. They have not been formally charged with an additional allegation of underreporting another 4 billion yen ($36 million) for 2016-2018, for which their first 10-day detention was to expire Thursday. Prosecutors have been criticized for separating the allegations as a tactic to detain Ghosn and Kelly longer. They say Ghosn and Kelly are flight risks. The maximum penalty for violating the financial act is up to 10 years in prison, a 10 million yen ($89,000) fine, or both. Breach of trust also carries a similar maximum penalty. The conviction rate in Japan is more than 99 percent for any crime. Ghosn was sent by Renault in 1999 to turn around Nissan, then on the verge of bankruptcy, and he led its rise to become the world's second-largest automaker.

Recharge Wrap-up: Elon Musk talks autonomous cars, Renault to run ZOE in ZENN Monte-Carlo Rally

Elon Musk discussed the autonomous driving capabilities of the Tesla Model S with NVIDIA CEO Jen-Hsun Huang. He said the car is already equipped with the hardware needed for highway driving. "Even with the current sensor suite, we could make the car go fully autonomous, but not a level of reliability that would be safe in, say, a complex urban environment at 30 miles an hour," says Musk. That would require "a bigger sensor suite, and you need more computing power." Huang and Musk also discussed car hacking and artificial intelligence during the interview at the 2015 GPU Technology Conference. See the video above, and read more at Teslarati. Renault will send four of its ZOE electric cars to the ZENN (Zero Emission, No Noise) Monte-Carlo Rally. The rally, which travels through the principality beginning and ending at the Port of Monaco, is open to electric cars with ranges of less than 250 kilometers (about 155 miles). Visitors can also explore an "electric village," which includes vehicle test drives and information about the future of automobiles. The race takes place from March 20 through 22. Read more in the press release from Renault below. A Seattle-area Nissan dealership has opened a "charging depot" with six fast chargers. Bellevue Nissan now claims to have a larger group of fast chargers than any other dealership in the country. The chargers are part of the NRG eVgo network, and will be available to drivers around the clock every day of the week. They'll also be part of Nissan's "No Charge To Charge" program for Leaf customers. Washington Governor Jay Inslee was on hand at the dealership for the opening, where he called such fast charging stations, "the backbone of our future transportation infrastructure." Read more at Hybrid Cars. A coalition of environmental groups and renewable energy advocates want New York to require all heating oil sold in the state to include at least two percent biodiesel. The proposal passed the Assembly's Committee on Environmental Conservation Tuesday. Its sponsor is Assemblyman Steven Englebright, a Long Island Democrat who says a biodiesel standard would reduce carbon emissions while boosting the state's agricultural industry. Supporters of a biodiesel standard include the New York League of Conservation Voters, the New York Public Interest Research Group and the state's Corn and Soybean Growers Association. Conventional oil companies are opposed.