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What to expect from the Japanese trial of Nissan and Greg Kelly

TOKYO — The criminal trial against Japanese automaker Nissan and its former executive Greg Kelly will open in Tokyo District Court on Tuesday. ItÂ’s the latest chapter in the unfolding scandal of Carlos Ghosn, a superstar at Nissan until he and Kelly were arrested in late 2018. Five questions and answers about the trial: Q: WHAT ARE THE ALLEGATIONS? A: The charges center around KellyÂ’s role in alleged under-reporting of GhosnÂ’s future compensation by about 9 billion yen ($85 million), a violation of financial laws. Kelly says he is innocent. Nissan, which is also similarly charged, has already acknowledged guilt, made corrections to the compensation documents submitted to the authorities, and has started paying a 2.4 billion yen ($22.6 million) fine. Q: WHAT HAPPENS TO GHOSN? A: Probably nothing. He skipped bail late last year and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts without bail, suspected of having helped Ghosn escape by hiding in a box on a private jet. A U.S. judge recently approved their extradition to Japan. The case is now before the U.S. State Department. Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN? A: The trial, before a panel of three judges, is expected to take about a year. There is no jury. Juries are selected only for extremely serious cases in Japan, such as murder. In principle, there are no plea bargains although backroom deals are made all the time. Closed pre-trial sessions are held ahead of the trialÂ’s opening, often for months before the real trial begins. Japan's legal system has come under fire from both within and outside the country as “hostage justice” because suspects often are held for months and interrogated without a lawyer present, often leading to false confessions, according to critics. Q: WHAT ARE KELLYÂ’S CHANCES? A: More than 99% of criminal trials in Japan result in a conviction. Japanese Justice Minister Masako Mori, in an online presentation in English hosted by the Japanese Embassy in the U.S., argued the conviction rate is so high because Japan prosecutes only about a third of the cases that come up, choosing only those that “result in guilty verdicts.” She insisted there is a “presumption of innocence.” She declined comment on KellyÂ’s case.

Nissan wants French State out of its alliance with Renault

While it's called the Renault-Nissan Alliance, the French side actually throws around a lot of weight in the relationship, and the government there is the largest shareholder. Meanwhile, the Japanese company generates about two-thirds of the sales. As leader of both automakers, Carlos Ghosn is reportedly now working to put more control into the Nissan side, according to insiders speaking to Reuters. The French State is expected to fight hard against losing sway. The government in France prompted Ghosn's distrust after buying up 19.7 percent of Renault's stock, from a previous 15 percent. Officials snubbed the CEO by giving him just a few hours notice, according to Reuters. Now, the boss is looking for ways to mitigate state control, but to make this plan happen Ghosn needs formal approval from the Renault board. If successful, the proposed plan would overhaul the close partnership between the automakers. Whereas the French side currently has the final say in decisions, this move would grant both of them equal power. In addition, Nissan would become the largest owner of Renault, but the French wouldn't have the same control over its Japanese ally. The French government isn't ready to just hand over power to Ghosn, though, because it reportedly wants to protect jobs in the country. The Alliance "must not be destabilized by governance changes or adjustments that could also lead to conflicts of interest," Economy Minister Emmanuel Macron said to Reuters. Clearly, this fight is just beginning. Related Video:

Tesla poaches Renault-Nissan communications boss Sproule

Need another sign that Tesla is growing into a force to be reckoned with? Bloomberg reports it has just snagged high-profile communications boss Simon Sproule from Renault-Nissan to become the EV maker's vice president of communications and marketing.
Sproule is an industry veteran, having spent 20 years at Nissan (where he grew to become CEO Carlos Ghosn's right-hand man). In addition, he logged stints at Ford, Jaguar (when it was still a Blue Oval-owned brand) and Microsoft. Despite all that experience, Sproule is still young, at just 45 years of age, as Bloomberg points out, yet he's held positions in the US, Japan and France over the years.
This is all good news for Tesla, which is in need of a strong spokesman outside of company CEO Elon Musk. It's been battling with the state of New Jersey and its governor, Chris Christie, over direct sales in the Garden State.