Ghosn Granted Bail after 3 Months in Detention

  • 3/5/2019
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A Tokyo court unexpectedly granted bail Tuesday to former auto industry titan Carlos Ghosn after more than three months in a detention cell. The court set bail at one billion yen ($9 million), but prosecutors are likely to appeal the decision and could even file additional allegations against the 64-year-old to keep him from leaving detention. Under his bail terms, Ghosn is banned from leaving Japan and must adhere to conditions aimed at preventing him from fleeing or destroying evidence. The shock decision came a day after Ghosns new lead defense lawyer, Junichiro Hironaka, told reporters he had filed a "convincing" application for bail that contained fresh elements. Hironaka, who has a reputation for securing acquittals for high-profile clients in a country where almost all court cases end in conviction, offered greater surveillance of Ghosn and a limit on his electronic communications. It was the latest twist in a case that has kept Japan and the business world gripped since the tycoons shock arrest in November over suspicions of financial misconduct. The court has previously said Ghosns continued detention was justified because he posed a flight risk and could seek to tamper with evidence. It had already rejected two official bail bids and other attempts to win freedom. However, his prolonged stay behind bars has come under fire internationally and from rights groups. Speaking to AFP and French daily Les Echos in January -- his only interview with foreign media so far -- Ghosn himself said that his continued detention "would not be normal in any other democracy". "Why am I being punished before being found guilty?" Ghosn asked. The former head of the Renault-Nissan-Mitsubishi Motors alliance has been detained since he was arrested on November 19. He says he is innocent of charges of falsifying financial information and of breach of trust. Ghosns release from the Tokyo Detention Center might come as soon as later in the day. In Japan, suspects are routinely detained for months, often until their trials start. Thats especially true of those who insist on their innocence. Hironaka is among many critics of the Japanese justice system who say such lengthy detentions of suspects are unfair. He referred to the situation as "hostage justice." Nissan declined to comment on the bail decision, saying it was a matter for courts and prosecutors. However, it said that an internal probe had "uncovered substantial evidence of blatantly unethical conduct" and that "further discoveries related to Ghosns misconduct continue to emerge". "The companys focus is firmly on addressing weaknesses in governance that failed to prevent this misconduct," it added in a statement. A towering figure once revered in Japan for turning around Nissans fortunes, Ghosn also forged a successful alliance between Nissan, Mitsubishi Motors and Frances Renault. But his attempts to deepen the alliance caused resentment in some quarters, and Ghosn has claimed the allegations against him are part of a "plot" by opponents of greater integration between the three firms. Given the number of people involved in the complex case and their wide geographical spread, Hironaka said the case would run over a "very long time span". However, he said prosecutors had begun handing over some of their evidence prior to a potential trial. On Monday, Ghosns family said in a statement they would appeal to the United Nations Human Rights Council. The family slammed Japan for its "medieval rules", in a statement read out by a lawyer representing Ghosns wife Carole, who has previously described her husbands detention conditions as "deplorable". Ghosn is charged with falsifying financial reports by under-reporting compensation that he contends was never paid or decided upon. The breach of trust allegations center on a temporary transfer of Ghosns investment losses to Nissans books that he says caused no losses to the automaker.

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