*** ----> Ghosn could win bail as court quashes bid to extend detention | THE DAILY TRIBUNE | KINGDOM OF BAHRAIN

Ghosn could win bail as court quashes bid to extend detention

Carlos Ghosn could soon be freed on bail after a Japanese court yesterday threw out a bid by prosecutors to extend his detention, in a move nearly as unexpected as the auto tycoon’s sudden arrest. The 64-year-old Franco-Brazilian-Lebanese executive has languished in a Japanese detention centre since his November 19 arrest for alleged financial misconduct sent shockwaves through the business world.

But in another stunning twist in the case, the Tokyo District Court said prosecutors had filed a bid to extend his detention on December 20, but it was “rejected”. In the Japanese system, it is extremely rare for the court to turn down prosecutors’ request to continue the detention of someone who denies the allegations as Ghosn does, and the decision wrong-footed everyone. The move paved the way for a potential release on bail as early as Friday, according to public broadcaster NHK.

However, there are still many legal battles to be fought and Ghosn’s release is by no means certain with prosecutors already lodging an appeal against the court decision. Deputy chief prosecutor Shin Kukimoto declined to comment on the particular case, telling reporters only “we will handle this appropriately.”

Kukimoto said that as far as he knew, Ghosn’s lawyers had not yet filed a request for bail. NHK reported that prosecutors could also press further charges, which would further drag out his detention. It is also not clear what bail conditions would be set in Ghosn’s case. Yasuyuki Takai, a former official at the prosecutor’s office, said: “The court now needs to decide whether or not to free him on bail. He could also be arrested on suspicion of a third crime. We do not know.”

Ghosn ‘combative’

Prosecutors formally charged Ghosn on December 10 with financial misconduct for allegedly under-declaring his income by some five billion yen ($44 million) between 2010 and 2015. At the same time, they re-arrested him on suspicion of also under-reporting his income by a further four billion yen over the past three years. He has not formally been charged over this allegation. Ghosn’s detention threw the spotlight on the Japanese legal system where suspects can be detained for long periods.

He is being held in a one-man cell in northern Tokyo measuring just three tatami mats -- around five square metres (54 square feet) -- a far cry from the lavish lifestyle that had previously attracted criticism. Ghosn has told embassy visitors he is being well treated but has complained of the winter cold and the rice-based food.