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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.

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.

NHTSA investigating Bosch Power Xpress 240V EV chargers for fire risk

*UPDATED with Bosch's comment. Let's stamp out the flames of suspicion right up front. A new National Highway Traffic Safety Administration (NHTSA) investigation, while involving a 2013 Nissan Leaf and some smoke, is not about another EV fire. Not directly, anyway. "Nissan has determined by pictures that the car was not to blame for the incident" – NHTSA complaint This time, the subject of the NHTSA's lens is the Bosch Power Xpress 240V charging unit. NHTSA wants to know if an overheating charging cord caused smoke (NHTSA says there was no actual fire) in a Leaf owner's garage last fall. NHTSA says it will investigate, "to evaluate the scope, frequency, and consequence of the alleged defect." Up to 50 of the charging units could be involved, and NHTSA decided to act based on a single customer complaint that was filed in August 2013. The investigation opened April 15, so it will likely be a while before we know any more concrete details. For now, you can read the official details of the investigation and the original complaint - which says, "Nissan has determined by pictures that the car was not to blame for the incident. They are blaming the charging station for the failure. They have denied any warranty coverage. The burden of the bill has been placed with the customer" – below. Nissan's senior manager of corporate communications, Brian Brockman, sent AutoblogGreen a statement that says Nissan will work with NHTSA and Bosch and points out that, "This inquiry is focused on the electric vehicle charger and is directed at the charger supplier, Bosch." Requests for comment from Bosch were not returned, but we will update this post when we hear back. Bosch spokesperson Cheryl Kilborn told AutoblogGreen that, "Bosch is reviewing the filing and will work cooperatively with NHTSA as we seek to identify the root cause." INVESTIGATION Subject : Bosch EV charging cord overheating Date Investigation Opened: APR 15, 2014 Date Investigation Closed: Open NHTSA Action Number: PE14011 Component(s): ELECTRICAL SYSTEM All Products Associated with this Investigation close Equipment Brand NamePart No.