Japan shocked by ‘quick’ release of Ghosn

Critics hope country’s justice system will change

TOKYO: Former Nissan chairman Carlos Ghosn (pic) walking out of a Tokyo detention centre nearly four months after his arrest is riveting Japan, where the relatively low crime rate means his high-profile financial misconduct case is giving the public an unusual peek into how the criminal justice system works.

His trial, which could start later this year, is sure to draw attention as one of the biggest court cases in the history of corporate Japan.

Photos of Ghosn, his identity obscured by a surgical mask, blue cap and labourer’s clothes, decked the front page of all major newspapers yesterday.

Broadcasters showed stacks of Japanese currency the size of a small bed to demonstrate what his bail of one billion yen (RM36.5mil) looked like.

The transfer was made electronically but the full amount was required, unlike bail systems like the United States, where a portion is offered as surety and the full amount is forfeited only if the defendant fails to appear.

But while Westerners were wondering how the idea of “presumed innocent” didn’t seem to apply in Japan, many here were shocked his release on Wednesday came so soon.

“An exceptional case of quick release,” said a headline in the Yomiuri daily newspaper.

Suspects in Japan are usually not released from detention until all documents from both sides are readied for a trial. Prosecutors say suspects may tamper with evidence or flee.

In Ghosn’s case, two previous requests for bail were denied and Ghosn had not been expected to be released for months.

In concept, suspects in Japan are presumed innocent until proven guilty, but the complexity of the case rather than the flight or safety risk of the defendant can determine the length of pretrial detention.

The long detentions mean that suspects practically serve time before they are found guilty.

Seiho Cho, a defence lawyer, says his clients are wondering why they aren’t getting released as quickly as Ghosn was, but he stressed that what is wrong is the overall system of long detentions in Japan.

“What we have now is totally wrong,” he said. “We hope this will have a positive effect on future cases.”