A lieutenant to Carlos Ghosn who is facing charges in Japan for underreporting his salary at Nissan Motor Co stands a high chance of being acquitted, as would Ghosn had he remained in Japan to face trial, a former prosecutor said.
Nobuo Gohara, a vocal critic of what he describes as Japan’s “hostage” justice system, met Ghosn in Japan on a number of occasions late last year before the former Nissan chairman’s dramatic escape to Lebanon last month.
Ghosn and former Nissan director Greg Kelly face charges of financial misconduct over allegedly failing to report more than US$109 million in salary, while Ghosn has also been charged with aggravated breach of trust for using company funds for personal purposes.
They both deny wrongdoing.
Kelly, who is accused of arranging the payments, remains in Japan awaiting trial.
It was not obvious that the additional salary due to Ghosn after retirement constituted a crime under Japanese law as it had yet to be paid out, said Gohara, who does not represent Ghosn or Kelly.
“Personally, I believe that there was a very high chance for Mr Ghosn to be acquitted based on the Financial Instruments and Exchange Act,” he told reporters at a news conference in Tokyo yesterday.
“Likewise for Mr Kelly, there is a high likelihood that he will be acquitted as well,” he added.
The trial of the men and Nissan, which is facing the same charge, is due to begin next year or 2022. It was unclear whether the schedule would be updated after Ghosn’s escape.
The Japanese Ministry of Justice has said it would try to find a way to bring Ghosn back from Lebanon, even though the two countries do not have an extradition treaty.
Gohara said a separate trial over aggravated breach of trust would drag on for years as prosecutors lack sufficient evidence to prove Ghosn was guilty of crimes, including temporarily shifting a personal loss-making currency transaction onto Nissan’s books.
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