Lawyers call for charges against ex-Nissan chief to be dismissed

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"111265417"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div><p>Lawyers for former Nissan chairman Carlos Ghosn&comma; who is awaiting trial in Japan&comma; said they have requested that financial misconduct charges against him be dismissed&period;<&sol;p>&NewLine;<p>They said in a statement that they filed papers in Tokyo District Court last week&comma; alleging prosecutorial misconduct which would prevent Mr Ghosn having a fair trial&period;<&sol;p>&NewLine;<p>The filings say the case results from unlawful collusion between prosecutors&comma; government officials and executives at the car giant to drum up criminal allegations in order to remove Mr Ghosn as chairman&period;<&sol;p>&NewLine;<p>They wanted to prevent him from further integrating Nissan with its French alliance partner Renault SA&comma; according to a statement released by the lawyers today&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;To execute this scheme&comma; the prosecutors illegally ceded their investigative powers to certain Nissan employees and consultants&comma; and&comma; together with Nissan&comma; unlawfully trampled Mr Ghosn’s legal rights in Japan and around the world&comma;”<&sol;em> it said&period;<&sol;p>&NewLine;<p>Mr Ghosn&comma; who says he is innocent&comma; was arrested in November 2018 and is on bail&period; Prosecutors say they are confident they have a case&period;<&sol;p>&NewLine;<p>The statement cited as misconduct the alleged abuse of the plea-bargaining system to obtain false and misleading testimony from Nissan employees and reliance on Nissan’s own investigation&comma; which the lawyers claim was biased&period;<&sol;p>&NewLine;<p>It also cited the seizure of papers related to Mr Ghosn’s trial and media leaks intended to harm his reputation&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;We are asserting his innocence&comma; but this filing asserts that&comma; even before and beyond guilt or innocence&comma; the case itself is unlawful&comma;”<&sol;em> Junichiro Hironaka&comma; one of the lawyers&comma; told a press conference&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;They wanted a criminal case and so they went digging around&comma; back in time&comma; to concoct a case&period;”<&sol;em><&sol;p>&NewLine;<p>Mr Hironaka is known for winning acquittals in a nation with a 99&percnt; conviction rate&period; He is part of an international team of about a dozen lawyers hired by Mr Ghosn&period;<&sol;p>&NewLine;<p>Mr Hironaka also accused the prosecutors of dragging their feet on presenting evidence&comma; delaying the start of the trial&comma; and hiding some evidence from the defence&comma; including thousands of emails&period;<&sol;p>&NewLine;<p>He said the latest filings reflect the defence team’s effort to tell its side of the story&period;<&sol;p>&NewLine;<div data-google-query-id&equals;"COjI&lowbar;-i8tOUCFSlfFQgdLvQHcA">&NewLine;<p>Under Japan’s criminal justice system there is a lengthy stage of pre-trial sessions where the defence and prosecutors present evidence&period; The latest filing was part of such pre-trial procedures&period;<&sol;p>&NewLine;<p>The court might not make any decision on the latest filing but in the meantime the trial could start&period;<&sol;p>&NewLine;<p>It is expected to begin next year but it is not known how long it would last&period;<&sol;p>&NewLine;<p>Asked whether it was extreme to allege there was a conspiracy against Mr Ghosn&comma; Mr Hironaka said&colon; <em>&OpenCurlyDoubleQuote;You may think this is extreme&comma; but Mr Ghosn’s arrest is extreme&period;”<&sol;em><&sol;p>&NewLine;<p>He declined to give details&comma; but said the Ghosn defence team included evidence to support its claims in the latest filings&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;They wanted to prevent Nissan to be handed over to France&comma;”<&sol;em> he said&period;<&sol;p>&NewLine;<p>Mr Ghosn was sent to Japan by Renault in the late 1990s and is credited with turning around a then near-bankrupt Nissan and helping transform it into one of the world’s top auto alliances&period;<&sol;p>&NewLine;<p>The charges against him allege under-reporting his promised compensation in documents and breaching trust in making dubious payments&period;<&sol;p>&NewLine;<p>His defence argues that the promised compensation which allegedly was not properly reported was never agreed upon&period;<&sol;p>&NewLine;<p>The defence also says allegations about dubious currency swaps caused no financial loss to Nissan and that payments to a Middle Eastern business were for legitimate services that benefited Nissan&period;<&sol;p>&NewLine;<p>Mr Hironaka said Mr Ghosn is involved in preparing for his trial and attends pre-trial sessions&comma; including the one on Thursday&period;<&sol;p>&NewLine;<p><em>&OpenCurlyDoubleQuote;He is doing fine&comma;”<&sol;em> the lawyer said&period;<&sol;p>&NewLine;<p>Mr Ghosn’s bail conditions forbid him to contact his wife&comma; Carole&comma; a requirement the defence has repeatedly asked to be removed&period; Another such request was filed on Thursday&comma; Mr Hironaka added&period;<&sol;p>&NewLine;<p>Prosecutors say the restriction is to prevent Mr Ghosn and his wife colluding in ways that could jeopardise the case&period;<&sol;p>&NewLine;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<div style&equals;"padding-bottom&colon;15px&semi;" class&equals;"wordads-tag" data-slot-type&equals;"belowpost">&NewLine;&Tab;&Tab;&Tab;&Tab;<div id&equals;"atatags-dynamic-belowpost-68ed0864b8fd8">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;<script type&equals;"text&sol;javascript">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;window&period;getAdSnippetCallback &equals; function &lpar;&rpar; &lbrace;&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;if &lpar; 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