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January 23, 2019

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Ex-Nissan chief鈥檚 desperate pleas fail to sway Japanese court on bail

Carlos Ghosn is likely to remain in Japanese custody for the foreseeable future after a Tokyo court denied him bail yesterday despite a last-ditch personal appeal by the former Nissan boss, as Renault set a date to replace him.

The court鈥檚 decision was expected as it had previously judged him to be a flight risk who could potentially tamper with evidence. Even Ghosn鈥檚 own lawyer has said his client will likely remain in jail until his trial.

Ever since his arrest out of the blue on November 19 on allegations of financial misconduct, Ghosn鈥檚 case has been a roller-coaster ride that has kept Japan and the business world gripped.

In the latest twist French firm Renault said it would hold a board meeting tomorrow to name his replacement to run the company.

Earlier, a public pledge by the auto tycoon to stay in Japan and wear an electronic tag if necessary appears to have left the Tokyo District Court unmoved.

In a public statement on Monday, Ghosn had set out a series of steps he hoped would convince the court he was not about to flee Japan.

He vowed to hand over his three passports, wear an electronic tagging device and increased the amount of bail money offered.

Ghosn also promised to hire security guards approved by prosecutors to monitor him and said he would not contact anyone connected with the case.

鈥淎s the court considers my bail application, I want to emphasize that I will reside in Japan and respect any and all bail conditions the court concludes are warranted,鈥 Ghosn said in a statement released by his US-based representatives.

He vowed to attend any subsequent trial 鈥渘ot only because I am legally obligated to do so, but because I am eager to finally have the opportunity to defend myself.鈥

鈥淚 am not guilty of the charges against me and I look forward to defending my reputation in the courtroom,鈥 concluded the statement.

However, an official at the Japanese justice ministry said: 鈥淭here is no system in Japan in which a person accused in a criminal case can be released with such a tracking bracelet.

鈥淭he court sets the bail sum and can also add appropriate conditions such as limitations on where the accused should stay.鈥

Ghosn was technically in pre-trial detention after being slapped with three separate charges 鈥 all of which he denies.

Prosecutors believe he under-declared his income in official statements to shareholders between 2010 and 2015 to the tune of some 5 billion yen (US$46 million) in an apparent attempt to avoid accusations he was overpaid.

A second separate but very similar charge is that he continued to do this between 2015 and 2018, under-reporting his income by a further 4 billion yen.

He also faces a complex charge of seeking to shift personal investment losses onto Nissan鈥檚 books.


 

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