Calgary Herald

Ex-Nissan chairman, handcuffed and roped up, to appear in court

Ghosn to declare innocence after weeks in jail for alleged financial crimes

- KAE INOUE, FRANÇOIS DE BEAUPUY AND ANIA NUSSBAUM

TOKYO/PARIS Carlos Ghosn will speak publicly on Tuesday for the first time since his arrest almost two months ago, when he appears in a Japanese court.

Handcuffed and with a rope tied around his waist, as is the practice in Japanese courts, the 64-yearold former Nissan Motor Co. chairman will declare his innocence and deny any wrongdoing, said his chief lawyer, Motonari Otsuru.

After weeks in jail, where he is being held for alleged financial crimes, Ghosn will have 10 minutes to address the Tokyo district court.

It’s the executive’s first opportunit­y to mount a defence in person following industry-shaking allegation­s that he under-reported his compensati­on and transferre­d personal trading losses to Nissan.

The hearing follows a request by Ghosn’s legal team for an explanatio­n on why he remains in detention. It comes amid signs the embattled car titan is in danger of losing key allies at Nissan.

Jose Munoz, Nissan’s chief performanc­e officer, is taking a leave of absence to assist in “special tasks arising from recent events,” the company said on Jan. 5. Munoz also sits on the board of the alliance Ghosn chairs between Nissan, France’s Renault SA and Mitsubishi Motors Corp.

A run Bajaj, who heads human resources at Nissan, has also taken a leave of absence, the company said.

Ghosn will be treated like any other suspect at Tuesday’s session in Tokyo. According to his legal team, Ghosn will appear before the judge. Ghosn will be allowed to address the court in English. But neither he nor his lawyers will be permitted to talk to others there, such as family members or media.

For Ghosn’s lawyers, the hearing is a chance to argue his case and push back against his prolonged detention. The legal team, which will have 20 minutes to address the court, plans to insist there’s no evidence for the allegation­s against him and will probably ask for bail after the hearing, said Otsuru.

Ghosn’s legal team will speak to the media at the Foreign Correspond­ents’ Club in Tokyo at 3 p.m. local time on Tuesday. Otsuru is due to read a statement from Ghosn.

The architect behind RenaultNis­san alliance, Ghosn was initially held without charge. His arrest has shaken the world’s largest auto pact, amid speculatio­n it was part of a coup by forces within Nissan aimed at staving off a merger of the carmakers.

The saga has taken twists and turns, with Ghosn re-arrested on fresh, potentiall­y more serious charges Dec. 21, just when it looked like he may be able to apply for bail.

Ghosn has been indicted on the allegation­s of under-reporting his income, though not yet on the ac- cusation of transferri­ng trading losses. In Japan, indictment paves the way for prosecutor­s to lay formal charges.

Ghosn’s downfall has raised questions about the future of the decades-old alliance. While Nissan dismissed him as chairman shortly after his arrest, Renault retained Ghosn as chairman and chief executive officer, saying it needs evidence of his wrongdoing. Now his role at Renault looks increasing­ly in doubt as well.

The French state, the carmaker’s biggest shareholde­r, is questionin­g whether Ghosn can remain at the helm of one of the country’s most important manufactur­ers, according to a senior government official. Ghosn would spend most of his time defending himself against accusation­s of financial impropriet­ies rather than running a company, and his position at Renault is seen as unrecovera­ble, according to people close to Renault’s leadership team, who asked not to be identified discussing internal company matters.

Renault officials declined to comment.

Publicly, French officials have said that Ghosn deserves fair treatment and an opportunit­y to defend himself, particular­ly given his long service to Renault. On the other hand, the government may not want to be seen shielding one of the country’s highest-paid executives at a time of violent protests against rising living costs and tax cuts for the wealthy.

“There is a presumptio­n of innocence,” Finance Minister Bruno Le Maire said in an interview on French radio Europe 1 on Sunday. “I have nothing in hand that lets me demand Ghosn’s departure.”

If proven, each of Ghosn’s alleged offences may carry a sentence of as much as 10 years, prosecutor­s have said. Nissan has also accused Ghosn of misusing company funds.

There is a presumptio­n of innocence. I have nothing in hand that lets me demand Ghosn’s departure.

 ?? TAKASHI AOYAMA/GETTY IMAGES ?? Pedestrian­s walk past a screen showing images of Carlos Ghosn, the architect behind the Renault-Nissan alliance, during a news program last month in Tokyo. At a hearing Tuesday, Ghosn’s legal team plans to insist there’s no evidence for the claims of financial misconduct and will likely ask for bail.
TAKASHI AOYAMA/GETTY IMAGES Pedestrian­s walk past a screen showing images of Carlos Ghosn, the architect behind the Renault-Nissan alliance, during a news program last month in Tokyo. At a hearing Tuesday, Ghosn’s legal team plans to insist there’s no evidence for the claims of financial misconduct and will likely ask for bail.

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