Bangkok Post

Nissan, ex-chairman indicted

Ghosn served with fresh arrest warrant

- HIROSHI HIYAMA RICHARD CARTER

TOKYO: Japanese prosecutor­s yesterday formally charged Carlos Ghosn with financial misconduct for under-reporting his salary and also served him a fresh warrant on separate allegation­s, meaning the tycoon will likely spend Christmas in a cell.

It represents a stunning turnaround for the 64-year-old Franco-Lebanese-Brazilian executive, a once-revered colossus of the auto sector who won wide acclaim in Japan for saving car giant Nissan Motor Co.

In a move that sent shockwaves through the business world, the former Nissan chairman was arrested on November 19 on suspicion of under-declaring his income by some five billion yen ($44 million) between 2010 and 2015.

Prosecutor­s yesterday pressed formal charges on Ghosn — and key aide Greg Kelly — over this allegation, which both men are said to deny.

The pair were also immediatel­y rearrested over fresh allegation­s that they conspired to under-declare Ghosn’s income by a further four billion yen over the past three years.

Under Japanese law, suspects can be re-arrested several times for different allegation­s, allowing prosecutor­s to question them for prolonged periods — a system that has drawn criticism internatio­nally.

Yesterday was the final day prosecutor­s could hold Ghosn and Kelly, 62, before either charging or re-arresting them, and the fresh arrest gives them up to another 22 days of questionin­g.

In addition to charges against Ghosn and Kelly, prosecutor­s also indicted Nissan itself, as the company submitted the official documents that under-reported the income.

Nissan shares dropped 2.90% to 945 yen and the firm voiced “its deepest regret” over the affair.

The manufactur­er said it would “continue its efforts to strengthen its governance and compliance, including making accurate disclosure­s of corporate informatio­n”.

The Japanese firms in the three-way alliance with Renault SA — Nissan and Mitsubishi Motors Corp — have both sacked Ghosn as chairman.

But amid reports of tension within the tie-up, which outsold all rival groups last year, the three companies last month said they were “fully committed” to the alliance.

The millionair­e auto sector star, who attracted some criticism for a perceived lavish lifestyle, is now alone in a spartan cell in a Tokyo detention centre, in a tiny room measuring just three tatami mats — around five square metres.

He has reportedly told embassy visitors he is being well treated but has complained of the cold, with yesterday’s temperatur­e in the Japanese capital hovering around five degrees Celsius.

He spends his time reading books and news reports and is said to be unhappy about the rice-based food.

But he is in a “combative” frame of mind, according to sources at Renault, the company he still formally leads — even if the French car giant has appointed an interim chairman.

According to local news agency Kyodo, he has admitted signing documents to defer part of his salary until after retirement but said this amount did not need to be declared as it has not yet been definitive­ly fixed.

A source close to the investigat­ion has said Ghosn and Kelly allegedly put the system in place after a new law came in obliging the highest-paid members of the firm to declare their salary.

Ghosn is suspected of deferring part of his pay to avoid criticism from staff and shareholde­rs that his salary was too generous.

Nissan is appealing to a court in Rio de Janeiro to block access by Ghosn’s representa­tives to a luxury apartment on Copacabana Beach.

“We are closely watching if he is actually indicted and then found guilty,” said Satoru Takada, an analyst at TIW, a Tokyobased research and consulting firm. “If he is exempted from prosecutio­n or found innocent, it is going to create huge confusion in Nissan’s management.”

It is unclear if Ghosn will be bailed before a potential trial.

In Japan, prosecutor­s and defendants begin a trial at a district court and can appeal to a high court and the Supreme Court. It may take several years before reaching a final judgement.

If found guilty, Ghosn could face a 10-year prison sentence.

Shortly after Ghosn’s indictment, Prime Minister Shinzo Abe reiterated the need to maintain the Renault-Nissan-Mitsubishi alliance, calling it “a symbol of JapanFranc­e industrial cooperatio­n”.

“I expect that the parties involved will hold constructi­ve discussion­s among them,” he said. “I am certain that (JapanFrenc­h relations) would not be shaken by incidents such as this one.”

 ?? AFP ?? Pedestrian­s walk past a television screen showing a news programme featuring former Nissan Motor Co chairman Carlos Ghosn in Tokyo yesterday.
AFP Pedestrian­s walk past a television screen showing a news programme featuring former Nissan Motor Co chairman Carlos Ghosn in Tokyo yesterday.

Newspapers in English

Newspapers from Thailand