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Q&A: What to expect from trial of Nissan, ex-director Kelly

TOKYO (AP) – The felony trial towards Japanese automaker Nissan and its former govt Greg Kelly will open in Tokyo District Court on Tuesday. It’s the newest chapter within the unfolding scandal of Carlos Ghosn, a celebrity at Nissan Motor Co. till he and Kelly have been arrested in late 2018.

Five questions and solutions in regards to the trial:

Q: WHAT ARE THE ALLEGATIONS?

A: The prices focus on Kelly’s function in alleged under-reporting of Ghosn’s future compensation by about 9 billion yen ($85 million), a violation of monetary legal guidelines. Kelly says he’s harmless. Nissan, which can also be equally charged, has already acknowledged guilt, made corrections to the compensation paperwork submitted to the authorities, and has began paying a 2.4 billion yen ($22.6 million) superb.

Q: WHAT HAPPENS TO GHOSN?

A: Probably nothing. He skipped bail late final yr and is now in Lebanon, which has no extradition treaty with Japan. Two Americans, Michael Taylor and his son Peter Taylor are being held in Massachusetts with out bail, suspected of having helped Ghosn escape by hiding in a field on a non-public jet. A U.S. choose lately permitted their extradition to Japan. The case is now earlier than the U.S. State Department.

Q: HOW DO CRIMINAL TRIALS PROCEED IN JAPAN?

A: The trial, earlier than a panel of three judges, is anticipated to take a few yr. There isn’t any jury. Juries are chosen just for extraordinarily critical circumstances in Japan, resembling mur-der. In precept, there aren’t any plea bargains though backroom offers are made on a regular basis. Closed pre-trial periods are held forward of the trial’s opening, usually for months earlier than the actual trial begins. Japan’s authorized system has come below hearth from each inside and outdoors the nation as “hostage justice” as a result of suspects usually are held for months and interrogated with out a lawyer current, usually main to false confessions, in accordance to critics.

Q: WHAT ARE KELLY’S CHANCES?

A: More than 99% of felony trials in Japan lead to a conviction. Japanese Justice Minister Masako Mori, in a web based presentation in English hosted by the Japanese Embassy within the U.S., argued the conviction fee is so excessive as a result of Japan prosecutes solely a few third of the circumstances that come up, selecting solely those who “result in guilty verdicts.” She insisted there’s a “presumption of innocence.” She declined touch upon Kelly’s case. Jamie Wareham, Kelly’s lawyer within the U.S., is assured Kelly can be acquitted as a result of he’s “obviously innocent,” however says he has been handled unfairly, awaiting trial for almost two years.

Q: WHAT HAPPENS NEXT?

A: Prosecutors will current their opening assertion, outlining their case towards Kelly through the first day of the trial. Republican lawmakers Sen. Roger Wicker from Mississippi, Sen. Lamar Alexander and Sen. Marsha Blackburn from Tennessee have spoken out in assist of Kelly. When requested in regards to the trial, Tokyo Deputy Chief Prosecutor Hiroshi Yamamoto stated little past reiterating his confidence there was loads of proof to win a conviction. The most penalty for the costs Kelly faces is up to a decade in pri-son.

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Yuri Kageyama is on Twitter https://twitter.com/yurikageyama

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