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TOKYO – Lawyers for the dismissal of Nissan Motor president Carlos Ghosn on Friday questioned the legitimacy of his latest arrest, criticizing the prosecutors 'argument that his freedom must be lost again in order to advance the regime' s efforts. investigating his charges of financial misconduct.
His defense appealed his detention to the Tokyo District Court. But the court decided Friday to let prosecutors keep it for 10 days, until April 14.
Ghosn was arrested for the first time in November and released on bail on March 6, after more than 100 days in prison. Since then, he lived in a known Tokyo court residence with a surveillance camera, restricted internet access, a travel ban and no contact with the people involved in the case.
"It is unfortunate that the court has canceled since its release on bail," said Junichiro Hironaka, who heads Ghosn's defense team. A complaint that he filed later in the day was rejected.
It is extremely unusual for a suspect to be arrested again after being released on bail. "The district court at one point decided to release him, so it was already determined that there was no risk of escape or destruction of evidence", Hironaka said Thursday, shortly after the return of Ghosn. "There is no rational basis for detention."
Prosecutors insist that the move was necessary. "We think there is a risk of leakage and destruction of evidence," Shin Kukimoto, deputy chief prosecutor of the Tokyo District Attorney's Office, said on Thursday. "We also took into account circumstances such as the damage of more than 500 million yen ($ 4.47 million) inflicted on Nissan."
At first, the office had hesitated to reinstate Ghosn, given the severe international criticism of his prolonged initial detention. But he is now accused of having channeled Nissan funds through an Oman-based company involving a separate group of associates who are not subject to the judicial restrictions that limit his rights. contact. Prosecutors did not want to give them a chance to coordinate their stories.
The 1 billion yen bail issued by Ghosn applies only to the charges already laid against him and will not be returned with his last arrest.
The French media focused on the unconventional aspects of the arrest, as well as the harsh conditions in Japanese prisons. But they are less critical than before, given Ghosn's new allegations of misconduct in France.
The topic was also discussed during a meeting Friday between French Foreign Minister Jean-Yves Le Drian and his Japanese counterpart, Taro Kono, in northwestern France, although the Japanese ministry did not provide details.
Going forward, "the court could change its decision on Ghosn's detention based on the conduct of the investigation, indictments and trial preparations," said Gishu Watanabe, who writes under the pseudonym Osamu Watanabe, professor at Konan University and student in criminal justice.
Prosecutors intend to further investigate the 560 million yen allegedly routed through Omani society to a largely Ghosn-controlled bank account. It will also look to see if more money is coming through this channel, since a Nissan unit has paid about 3.5 billion yen to the company since 2009.
They should seek an extension of Ghosn's 10-day detention before April 14, but fear that the court will say no.
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