Greg Kelly, former aide to Nissan's Ghosn, continues on trial
13 September, 2020
The lengthy saga of ex-Nissan chief Carlos Ghosn requires a new turn in a few days when the auto titan-turned-fugitive's former assistant Greg Kelly continues on trial in Tokyo.
Ghosn's arrest in japan capital in November 2018 on allegations of financial misconduct built headlines worldwide and kicked off an astonishing fall from grace for the businessman, once hailed as a corporate saviour for rescuing Nissan from the brink of bankruptcy.
But Kelly was likewise detained that time, having been effectively lured back again to Japan from america on the premise of an urgent assembly.
And with Ghosn found in Lebanon as a global fugitive after he built an audacious escape while out on bail in Tokyo last year, Kelly is currently the only person expected to face trial anytime soon regarding the the case.
The American legal professional appears in court from Tuesday facing an individual charge: of conspiring to under-report tens of huge amount of money in pay that Ghosn was allegedly promised after his retirement.
Kelly, who'll turn 64 on your day the trial opens, denies any kind of wrongdoing. He faces up to a decade in jail if convicted.
The trial, likely to last around 10 months, centres around one question, fraught with complex technicalities: Did Kelly and Nissan between 2010 and 2018 illegally conceal payments of around 9.2 billion yen (US$87 million at today's rates) promised to Ghosn on retirement?
Nissan, which will be on trial alongside Kelly, says yes, and strategies to plead guilty, multiple sources told AFP.
"I DIDN'T DO ANYTHING WRONG"
But Kelly has insisted on his innocence since moment one.
"I didn't conduct anything wrong," he told AFP within an interview in early September.
"Carlos Ghosn by no means got paid anything and he wasn't promised anything," he insisted.
Nissan and Japanese prosecutors disagree, arguing they have evidence these future repayments were pledged to Ghosn, and for that reason must have been disclosed in the firm's financial filings while required by Japanese laws.
Prosecutors have amassed a good vast amount of docs, only a little portion of which the defence have already been given so far, according to Kelly's attorneys.
Even though, his team made a decision to agree to proceed to trial, arguing that they had "no decision", with Kelly prevented from leaving the country and separated from his spouse and children while he waits for his circumstance to go to court.
Kelly's legal team mention they happen to be confident he could be acquitted, in spite of the track record of Japan's prosecutors, who win more than 99 % of the criminal conditions they bring to court.
However they argue they have already been put at a strong disadvantage by the court's refusal to allow overseas witnesses to testify by videoconference.
The defence say some witnesses who may help acquit Kelly fear becoming detained if they testify in person in Japan.
"There is no rely upon the Japanese judiciary system among overseas witnesses," Kelly's US legal professional James Wareham told AFP.
"They are afraid, they will not come to Japan."
DEFENCE REMAINS CONFIDENT
Regardless of the obstacles, Kelly's Japanese lawyer Yoichi Kitamura said he's "confident we are able to win the case".
Nissan has been tight-lipped about the trial, with a good spokeswoman telling only "we usually do not touch upon pending litigation".
The business appears uncomfortable to finally have attained the court date, with a source near to the firm's leadership saying there was concern about negative media attention.
Among the trial's key witnesses will end up being Hari Nada, Kelly's former colleague, who also obtained whistleblower position from prosecutors in trade for his cooperation.
Past CEO Hiroto Saikawa, who was simply forced out over monetary improprieties discovered by an internal investigation found in the wake of the Ghosn scandal, will also give testimony.
The fact that he was able to resign without facing prosecution has been cited by Ghosn as proof what he claims is a biased justice system.
The former auto chief has defended his decision to flee Japan by claiming he would not possess received a good trial.
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