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Defense begins questioning in trial over Ghosn's pay

Nov 13, 2020 (Japan Today) - The defense team for former Nissan executive Greg Kelly began questioning a key prosecution witness in a Tokyo court this week, seeking to show the alleged underreporting of income of his boss Carlos Ghosn was devised by others at the automaker.

Since the trial began in September, Kelly has only presented a brief opening statement insisting on his innocence. In questioning Toshiaki Ohnuma, who was in charge of compensation at Nissan, defense lawyer Yoichi Kitamura sought to show that Ohnuma, at the order of higher-ups at Nissan, devised plans to obscure exactly how much Ghosn would be paid, knowing they might be improper in Japan.

Legal repercussions of the scandal at Tokyo-based Nissan over alleged underreporting of Ghosn's compensation and breach of trust have fallen only on Kelly and on Nissan itself, which is not fighting the charges and has paid a fine. None of the other executives testifying in the case have been charged.

Ghosn jumped bail and fled the country for Lebanon late last year, saying he feared he could not get a fair trial.

So far, the dozens of hours of questioning at the Tokyo District Court, with everyone’s speech muffled under masks because of the coronavirus, have centered on Nissan's efforts to meet Ghosn's demands for higher compensation without publicly disclosing the full amount.

Prosecutors have sought to show Kelly, who became the first American to join Nissan Motor Co’s board in 2012, violated financial reporting laws even though none of the plans the Nissan management considered were ever acted upon or decided.

In cross-examining Wednesday, Ohnuma told the court that Kelly did not know how much Ghosn was paid, as that was highly confidential at Nissan. The testimony suggested Kelly played a minor role in being consulted to study legal ways to pay Ghosn.

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