A year after arrest, Ghosn seeks trial date, access to evidence

TOKYO - A year after his arrest, Nissan ex-Chairman Carlos Ghosn remains stuck in Tokyo under stringent bail conditions and without a trial date as he seeks access to a trove of Nissan emails and other evidence to fight charges of financial misconduct.

The once-feted executive has spent 129 days in detention since his arrest shortly after his private jet touched down at a Tokyo airport on Nov. 19, 2018. He faces four charges - which he denies - including hiding income and enriching himself through payments to dealerships in the Middle East. If prosecutors are “given the freedom to unilaterally delete the collected evidence and return it to relevant parties, this is equivalent to granting the investigative agencies the right to destroy evidence,” showed the filing to the Tokyo District Court.

Prosecutors are not required to hand over all evidence they or the police gather during investigations unless ordered by the court, unlike in the U.S. discovery process where prosecutors and defense lawyers disclose the evidence they intend to present in court. “Tokyo prosecutors have repeatedly and systematically denied Mr. Ghosn fundamental rights of due process and turned the presumption of innocence on its head,” Ghosn’s legal team said in a statement to mark the anniversary of his arrest.

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