30 SECONDS

‘LE COST KILLER’ PULLS OFF A HOLLYWOOD-SPEC ESCAPE FROM JAPAN AS HIS ALREADY UNBELIEVABLE STORY TWISTS ONCE MORE

CARLOS GHOSN is a man of intense focus and furious intent. He has performed industrial miracles – including bringing Nissan from the brink of bankruptcy into an era of prosperous profits – practically overnight. For the past year, his sole focus has been on proving his innocence following his shock arrest in late 2018 for allegedly misusing company funds. Then, in late December 2019, everything changed, and the subject of his attention was a secret, daring, and ultimately successful escape from Japan that would result in him becoming an international fugitive.

So, what the hell happened, why, and how? Let us explain.

The allegations against Ghosn are serious, and extensive. Prompted by a tip-off from Nissan, they include hiding income payments to the tune of US$43 million (A$60 million), funnelling funds from Nissan to himself through car dealerships he controlled in the Middle East, and siphoning US$16 million in personal losses back to the Japanese car manufacturer.

Lawyers representing Ghosn claimed his detention was part of a corporate coup to prevent the partnership between Nissan and Renault transforming from an alliance into a merger. There are global politics also at play, with the French government the single largest shareholder in Renault, and Japan’s government seeing Nissan as one of the crown jewels of its automotive industry.

The conditions of Ghosn’s detention were harsh. Held inside the infamous Tokyo Detention House, the 65-year-old was repeatedly charged, then re-charged, and interrogated without his lawyer present for more than 130 days. He was also often placed in solitary confinement with no contact with people outside prison. These are well-worn tactics of the special investigation squad that has been leading the case against the former automotive executive.

Ghosn’s personal worth is estimated at US$120 million, on top of his shares in Nissan, Renault and Mitsubishi valued at US$60 million. He is a man of immense wealth and power who has been subjected to 12 months of relentless and humiliating pressure. Among his supporters is French president Emmanuel Macron, who told reporters in early 2019: “I’m just concerned that the case of a French citizen should respect basic decency.”

Japanese prosecutors have been criticised since long before Ghosn was arrested for relying on confessions instead of evidence to attain their fearsome 99 percent conviction rate. A Human Rights Watch summary states the system which keeps defendants incarcerated indefinitely, withholds bail without a confession, and denies suspects contact with the outside world, violates both Japanese constitutional and international law.

Eventually, Ghosn was released on bail, which was reportedly set at US$13.8 million with strict conditions including a restriction on leaving Japan. Ghosn’s trial was slated to take part in stages, setting up a yearslong saga, another strong-arm tactic from prosecutors intended to force a confession. In the months that followed, Ghosn continued to maintain his innocence, working hard on building what he hoped would be a successful defence. The New York Times reports that Ghosn’s desire to have his day of justice evaporated after a Japanese court denied, on Christmas Day, his request to spend the holiday with his wife, for whom Japanese prosecutors have now issued an arrest warrant.

Then came the escape at the start of 2020 – and exactly how Ghosn orchestrated it may turn out to be just as impressive as its very execution. Bail conditions mandated a camera above the door to his rented home, his phone use was restricted, and internet access outside his lawyer’s house was outlawed. Calls with his wife were listened in on by lawyers, and he was shadowed everywhere by reporters.

Unverified reports claimed Ghosn hired a Gregorian band to play at his residence. The story goes that Ghosn, aided by ex-special-forces officers that specialised in rescuing hostages, was then smuggled out of the apartment, and country, inside an instrument case. The former head of both Nissan and Renault dismissed these reports, with a second theory suggesting he simply walked out of the front door unfazed at his departure being caught on camera. This is because Ghosn was under heavy surveillance, not house arrest, meaning Japanese authorities didn’t realise what was happening until it was too late.

What we do know is that he boarded a private jet in Osaka, flew to Turkey, then boarded a second plane to Lebanon, where Ghosn has citizenship and owns property. Japan and Lebanon do not have an established extradition agreement. According to The New York Times, once in Beirut, Ghosn met Lebanon’s president, Michel Aoun, and discussed his legal issues. This claim has been refuted by Mr Aoun.

In a statement released the week of his escape, Ghosn said he would “no longer be held hostage by a rigged Japanese justice system where guilt is presumed, discrimination is rampant, and basic human rights are denied.” Ghosn claims he alone was behind his escape from Japan, denying any of his family was involved.

Interpol issued a ‘red notice’ for Ghosn’s arrest. Turkish police arrested seven people in relation to an investigation into Ghosn’s escape, including four pilots of a private airline, with officials in Turkey furious that Ghosn entered and exited the country successfully. Despite all this, images surfaced of him eating at a high-end restaurant in Beirut.

Nobuo Gohara, a former Japanese prosecutor who runs a compliance and law office, told CNN Business that he believes Ghosn’s trial is likely to be abandoned following his escape from Japan.

As Wheels went to press, Ghosn remained at large, staying in a house in Lebanon that Nissan bought and renovated while he was the CEO. We guess no-one got around to changing those locks.