Court turns down Ghosn’s appeal to end detention

Carlos Ghosn Renault-Nissan

A Tokyo court on Tuesday turned down former Nissan Motor chairman Carlos Ghosn’s appeal to end his detention after his arrest last month on alleged financial misconduct.

Ghosn has been held in a Tokyo jail since he was arrested on November 19 on suspicion of conspiring to understate his earnings by about half of the actual 10 billion yen ($88 million) awarded during five years from 2010. He was formally charged on Monday.

He was also re-arrested on new allegations of understating his earning for three more years through March 2018, with the Tokyo District Court increasing his detention until December 20.

Ghosn’s lawyers submitted an appeal to overturn the detention midday Tuesday, but it was turned down by the court by evening.

From indictment, cases generally take months to go to trial. In the past, suspects who have been indicted have seldom been freed on bail, but in recent times that has become more common, stated Masashi Akita, a defense lawyer.

It is not clear if Ghosn would be freed on bail as some legal analysts have stated he may be a flight risk.

Nissan, which removed Ghosn as chairman days following his arrest, has stated the misconduct was masterminded by the executive with the assistance of former Representative Director Greg Kelly, who was also indicted on Monday. Kelly will also remain detained until December 20, the district court stated.

Ghosn’s lawyer based in Tokyo, Motonari Otsuru, could not be reached at his office for comment.

Kelly’s lawyer, Yoichi Kitamura, stated he was certain that Kelly’s innocence would become clear in court.

Inquired about criticism that Japanese prosecutors often try to force confessions from suspects, deputy prosecutor at the Tokyo District Public Prosecutors Office, Shin Kukimoto, has stated no such method was being used with Ghosn and Kelly.

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