The lawyers of the ex-president of Nissan Motor Carlos Ghosn today requested a judicial procedure and a judge different from those of the other defendants in the same cause, in order to assure that it will have a fair process.
In addition to Ghosn they face before the courts of Tokyo who was his right hand in the signature, Greg Kelly, as well as Nissan Motor, by his presumed responsibility in the financial irregularities attributed to the first.
Ghosn's lawyer, Junichiro Hironaka, told reporters that the petition was filed today in court, in the first stage of a judicial process that will lead to a trial not before September in the case of Ghosn.
"The procedures in the cases of Carlos Ghosn, Greg Kelly and Nissan should be separate," he said. Only then "there can be a fair trial," Hironaka added at a press conference he offered at the Foreign Correspondents Club of Japan.
Ghosn, with triple nationality (French, Brazilian and Lebanese), was arrested on November 19 in Tokyo and faces three formal accusations for different actions at the head of Nissan Motor in the last ten years.
One of them, which initially led to his arrest, and which may also be responsible Kelly and Nissan, refers to the possibility that Ghosn has concealed from the millionaire financial authorities compensations agreed with Nissan Motor.
He is also accused of violating the company's confidence in using Nissan funds to cover personal financial losses and of paying third parties professional services that have generated doubts among prosecutors.
The procedural code of Japan allows the possibility that in cases like this different defendants go in the same legal procedure and be judged by a same court, among other reasons to reduce legal expenses and streamline procedures.
But Hirokana said that Nissan has been providing information to the prosecution about Ghons' actions and is cooperating with the accusers of the former president of the company.
In addition, the lawyer said that at least two Nissan Motor employees have reached a penalty reduction agreement with the prosecution.
"Nissan, formally, is a defendant, but in reality Nissan is on the prosecutor's side, and is trying to pursue Mr. Ghosn's responsibility for carrying out 'illegal acts'," insisted the lawyer.
The lawyer said that although they are requesting the separation of the procedures of the three cases, the biggest problem arises in the Nissan, not so much in the Kelly, who like Ghosn is on bail pending the trial.
The lawyer insisted that Ghosn remains in rejecting the charges he is accused of, and denied the possibility that he could accept some of the charges in exchange for a reduction of the sentence.
"I will not accept anything other than exoneration," Hironaka said.