Greg Kelly's prosecutors have painted themselves into a corner

Oct 13, 2020 | News On Japan

Oct 13, 2020 (Nikkei) - A chain of misjudgments and unexpected events, not least Carlos Ghosn's escape to Beirut, have sent Japanese prosecutors and former Nissan Motor general counsel Greg Kelly on a collision course set to unfold in his long-awaited trial over the next nine months.

The single criminal charge against Kelly, that he helped Ghosn understate his compensation in Nissan's securities reports, was never intended by the prosecutors to be the main show. At best, it was a preliminary setup punch -- the initial pretext to arrest, detain and interrogate Ghosn and Kelly, and to fish for evidence of more serious wrongdoing against the primary target, Ghosn.

Quite likely, the prosecutors hoped Kelly would cop a plea on the minor initial charge for time already served in detention in exchange for delivering the goods against his former boss. In any event, Kelly was never the main target. He was released from detention after five weeks as additional, more serious embezzlement charges were brought against Ghosn.

Ghosn's exfiltration to Lebanon in December 2019 turned the prosecutor's plans upside down. With Ghosn out of reach, leniency for Kelly in exchange for ratting on Ghosn no longer made sense. Events unexpectedly made Kelly the main event -- over a dubious charge that was always the weakest card in the prosecution's hand.

The stakes for the prosecutors could not be higher. Dismissal of the charges would be a devastating loss of face that would allow Ghosn to crow from his hideout in Beirut, "See, I told you I was innocent." Unfortunately for Kelly, Japanese prosecutors rarely lose, and even more rarely when it is a must-win case.

It is hard not to see this as a case of selective prosecution. Why is Greg Kelly being singled out for what was clearly a collective breakdown of corporate governance? Former Nissan president Hiroto Saikawa countersigned the side letters documenting Ghosn's post-retirement compensation and certified the securities reports that failed to report it. Saikawa has not been criminally charged.

Players to Watch When Japan Faces the Netherlands

Japan's World Cup campaign begins on June 14 when the Samurai Blue face the Netherlands at Dallas Stadium in Texas, a clash that will showcase some of the game's most talented players and pit two ambitious teams against one another in a crucial Group F opener. While Japan arrives without injured winger Kaoru Mitoma, one of its most recognizable stars, the squad still boasts a wealth of talent drawn from Europe's top leagues.

El Nino Returns, But Japan Faces Another Hot Summer

The Japan Meteorological Agency (JMA) announced that an El Niño phenomenon is believed to have developed this spring, warning that Japan is likely to experience above-average temperatures nationwide this summer despite the climate pattern's traditional association with cooler summers.

Narita Airport Advances Compulsory Land Acquisition for Runway

Narita International Airport Corporation is expected to announce next month that it will apply to the national government for project certification as part of the process to enable compulsory land acquisition for the construction of a new runway at Narita Airport, according to sources familiar with the matter.

Fire Destroys Historic Arima Inari Shrine

A fire broke out at Arima Inari Shrine near the Arima Onsen hot spring resort area in Kobe on the night of June 9th, destroying multiple buildings and leaving an elderly Shinto priest and his wife with minor injuries.

Japan National Team Holds First Training Session in Nashville

Japan's national soccer team arrived in Nashville, Tennessee, on June 8th from Monterrey, Mexico, where it had been conducting a pre-World Cup training camp, and held its first practice session at its base camp for the FIFA World Cup in North America.

MEDIA CHANNELS

MORE Society NEWS

Fire Destroys Historic Arima Inari Shrine

Japan Cycling Association Head Arrested Over Alleged 30 Million Yen Fraud

Two men, including the head of the Japan Cycling Association, have been arrested by the Metropolitan Police Department on suspicion of defrauding two men in Kagoshima Prefecture out of 30 million yen by falsely promising a massive return on a purported patent-related investment.

Another Bear Feared Roaming Utsunomiya

A bear that had been repeatedly spotted in commercial and residential areas of Utsunomiya, Tochigi Prefecture, was captured in a residential neighborhood at around 3:30 p.m. on June 9th after authorities used a tranquilizer gun, but the city remains on alert because police say they cannot rule out the possibility that another bear may still be roaming the area.

Self-Proclaimed 'Messenger of God' Among Seven Arrested Over Teen's Confinement

Nara Prefectural Police have arrested seven people, including a 46-year-old Yokohama man who described himself as a "messenger of God," on suspicion of unlawfully confining a teenage boy entrusted to their care by his parents, allegedly threatening him, confiscating his belongings, and forcing him to sleep naked.

Knives Found in Eye and Abdomen of Dead Man in Kobe

A man believed to be in his 50s or 60s was found dead with knives lodged in his left eye and abdomen inside a container at a company property in Kobe's Suma Ward on June 8th, prompting police to investigate the possibility of a criminal case.

Missing American Student Found Dead After Week-Long Search in Kyoto

The family of James "Weston" Higginbotham, a 20-year-old Auburn University student who disappeared during a family vacation in Japan, announced on June 7th that he has been found dead after a volunteer search-and-rescue team located his body in a mountainous area outside Kyoto, bringing a week-long multinational search to a tragic end.

Unlicensed Peruvian Man Conducts Risky Medical Procedure During Delivery

A clinic director and a former Peruvian staff member have been referred to prosecutors after the man allegedly performed medical procedures without a license, including an external cephalic version—a procedure used to manually turn a baby into the correct position before birth—at an obstetrics and gynecology clinic in Fukuoka City, raising concerns about patient safety and oversight in maternity care.

Video Shows Old Lady Chasing 14-Year-Old Girl After Cash Grab

A 14-year-old junior high school girl was arrested on suspicion of robbery resulting in injury after allegedly spraying a woman in her 60s in the face and stealing her wallet during a robbery attempt in Kasukabe, Saitama Prefecture.

< 2 3 4 5 >