Ghosn could soon be freed

Court quashes detention bid

TOKYO: A Japanese court denied prosecutors’ request to extend the detention of former Nissan chairman Carlos Ghosn, who has been charged with underreporting his pay.

The Tokyo District Court said it rejected the request for another 10-day detention for Ghosn over an additional allegation dealing with financial reports in recent years.

The denial is extremely rare in a country where requests from investigative authorities for extended detention are almost automatically approved. If a bail request by his lawyer is accepted by the court, Ghosn may be released within days.

Prosecutors have appealed the decision, and could take further legal steps to allow them to investigate Ghosn and co-defendant and former Nissan executive Greg Kelly longer.

Shin Kukimoto, deputy chief prosecutor at Tokyo District Prosecutors’ Office, said the court gave no reason for the decision.

“We requested for an extension because we need further investigation,” Kukimoto said. “I must say (the court decision) would affect us, but we’ll do the best we can.”

Ghosn was arrested on Nov 19 along with Kelly over allegations that they underreported Ghosn’s pay by about 5 billion yen ($44 million) in 2011-2015.

Both have since been charged with violation of Japan’s Financial Instruments and Exchange Act for the five-year period.

Tokyo prosecutors last week added a second allegation, that the two also underreported another four billion yen (RM150mil) in Ghosn’s pay for 2016 to 2018, for which their first 10-day detention was to expire yesterday. Prosecutors allege Ghosn’s pay was underreported by a total of nearly 10 billion yen (RM334mil).

The maximum penalty for violating the financial law is up to 10 years in prison, a 10 million yen fine, or both. The conviction rate in Japan is more than 99% for any crime.

The arrest of an industry icon has triggered international attention over his nearly month-long custody.