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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.

'I'm glad he did it': Carole Ghosn slams Japanese justice system

BEIRUT — Carlos and Carole Ghosn, the former first couple of carmaker Nissan, are united again in Beirut. They hold hands in the street and whisper together in a mix of Arabic and French. They kiss. But the pair's most visceral display of unity comes when they talk about Carlos Ghosn's former home. "I'm done with Japan," said Carole Ghosn in an interview with her husband in a private house in Beirut. Two weeks ago, Carlos Ghosn made a dramatic escape from house arrest in Japan, where he was awaiting trial on charges of under-reporting earnings, breach of trust and misappropriation of company funds. He denies all charges. Shortly after Ghosn appeared in Beirut, Japanese authorities issued an arrest warrant for Carole on suspicion of alleged perjury related to the misappropriation charge against her husband. "What they're accusing me of is a bit of a joke," said the 54-year-old Lebanese-American national, who spent many years as a fashion designer in New York and whose children live in the U.S. city.  "I testified for hours and they told me you are free to go, and now, nine months later ... this comes up. They are vindictive. This has nothing to do with the law."   Related: Yamaha warns to stay out of large musical instrument cases after Ghosn escape Ghosn says French ambassador told him: 'Nissan is turning against you'   Carlos Ghosn was even more adamant. "I spent 18 years in Japan; I never suspected this brutality, this lack of fairness, this lack of empathy." Tokyo prosecutors have said his allegations of a conspiracy are false and that he has failed to justify his acts. The plan to flee to his childhood home of Lebanon developed quickly with a small group of people, a "reasonable price" and utter secrecy, he said. "The first rule if you want to do something like is that no member of your family should be aware because they become very anxious," he added. Asked whether she would have dissuaded him from escaping, Carole Ghosn blurted: "Yes!" But then she paused, looked at her husband and added: "No. I mean, actually, let me rephrase. If you told me this at the beginning, I would have said, 'No, of course not. You're going to fight this and prove your innocence.' ... But then, with time, we saw how the prosecutors were behaving ... I said 'Oh my God, my husband is never going to get a fair trial,' and I was desperate." "I'm happy he did it," she said. Japan's justice minister has said Ghosn's escape from his trial could constitute a crime.

Nissan recovery to focus on U.S., Japan, China markets

Nissan will pull back from Europe and elsewhere to focus on the United States, China and Japan under a plan that represents a new strategic direction for the embattled carmaker, people with direct knowledge of the plan told Reuters. The "operational performance plan" is due to be announced on May 28 and goes beyond fixing problems from ousted leader Carlos Ghosn's aggressive expansion drive, the people said. The company's struggles predate the current global economic shutdown. Nissan's 2019 sales slumped severely.  Nissan was already planning to implement what was described as a "do or die" plan in January, before the global coronavirus pandemic froze automotive production and sales worldwide.  Pursuit of market share, particularly in the United States, led to steep discounting and a cheapened brand. Under the new, three-year plan — reported here for the first time — Nissan aims to restore dealer ties and refresh lineups to regain pricing power and profitability, the people told Reuters. "This is not just a cost-cutting plan. We're rationalizing operations, reprioritizing and refocusing our business to plant seeds for the future," one of the people said. The plan also aims to cut competition and expand cooperation with alliance partners, the people said. Nissan will follow Mitsubishi in plug-in electric hybrid vehicle technology, with the smaller peer taking the lead in Asian markets outside China and Japan. France's Renault will likely focus on electrical vehicle technologies and Europe. Nissan and Mitsubishi declined to comment. Renault did not immediately respond to a request for comment. The plan, led mainly by Chief Operating Officer Ashwani Gupta rather than Nissan's low-key chief executive, Makoto Uchida, is aimed at freeing resources to invest in products and technology for the United States, China and Japan, the people said. "The net effect is even though we reduce our R&D spend this year versus last year and make other savings, we pump those freed-up resources back into core markets and core products," said one of the people, who declined to be identified as they were not authorized to speak with media on the matter. The plan is likely to take up to two weeks to be finalized, with sales and earnings targets complicated by the anticipated long-term impact on auto sales of government measures worldwide taken to stop the coronavirus outbreak, the people said.