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Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.

Carlos Ghosn's jail time extended, as family says he was framed

TOKYO — Former Nissan chairman Carlos Ghosn will be detained at least through Jan. 11, the Tokyo District Court said Monday, as the once-revered auto industry figure faces allegations that have marked a stunning downfall. Ghosn, who led Nissan Motor Co. for two decades and helped save the Japanese automaker from near bankruptcy, was arrested Nov. 19 on suspicion of falsifying financial reports. He also faces a breach of trust allegation, for which his detention had been approved previously through Jan. 1. The Tokyo District Court said in a statement that it had approved prosecutors' request for a 10-day extension. Ghosn has been charged in the first set of allegations, about under-reporting Ghosn's pay by about 5 billion yen ($44 million) in 2011-2015. Related: Top 10 automotive stories of 2018 Those close to Ghosn and his family say he is asserting his innocence as the alleged underreported amount of money was never really decided or paid, and Nissan never suffered any monetary losses from the alleged breach of trust. It is unclear when Ghosn may be released on bail. Tokyo prosecutors consider Ghosn, a Brazilian-born Frenchman of Lebanese ancestry, a flight risk. In Japan, formal charges can mean a suspect will get detained for months, sometimes until the trial starts, because of fears of tampered evidence. Some experts are puzzled that the allegations against Kelly and Ghosn are about underreporting income from Nissan. Nissan is in charge of filing such financial reports, not individual executives. Over the weekend, The New York Times published an article, "The Rise and Fall of Carlos Ghosn," describing his arrest as well as his almost legendary ascendance as the outsider who saved Nissan: "He was a person who was above the clouds," said one Nissan employee. But it's clear from the article that his autocratic style has long rankled the Japanese. In a sidebar, the NYT also covered accusations from Ghosn's daughters that Nissan had set him up for a fall, part of a mutiny against his explorations of a merger between Nissan and Renault. They point out that Hiroto Saikawa, the chief executive of Nissan, complained about the nature of the alliance in the first news conference following Ghosn's arrest. "Wow," daughter Caroline Ghosn said. "He didn't even waste a breath. He didn't even try to cover up the fact that the merger had something to do with this." The NYT articles included Ghosn family photos showing a softer side to the stern auto executive.

Chevy Volt 'acceptable,' Nissan Leaf 'poor' in new IIHS safety tests

Ford C-Max Hybrid also scored "acceptable" rating. With US Nissan Leaf sales up almost 30 percent during the first half of the year, the only thing that might be able to stop the battery-electric vehicle is a good, stiff barrier. Unfortunately, thing's aren't always pretty when that happens in the real world, according to new tests from the Insurance Institute for Highway Safety (IIHS). Things with the Chevrolet Volt extended-range plug-in are a little bit rosier, though. The two plug-in vehicles were part of a batch of a dozen vehicles that just went through the IIHS's "small overlap" test, in which the driver's side front corner of the vehicle is crashed into a rigid barrier at 40 miles per hour. Out of the dozen, only the Mini Cooper Countryman was given a "good" rating. Five vehicles, including the Volt and the Ford C-Max Hybrid, were rated "acceptable," two were "marginal" and two, including the Leaf, were "poor." Plug-in vehicles are unique in the crash-test context because of their relatively large battery sizes. In the Volt's case, the driver had a "low risk" of injury, said the IIHS. But the Leaf's crash substantially pushed back the instrument panel and steering column, creating a scenario where the driver was "likely" to sustain leg injuries. The batteries in both the Leaf and the Volt passed safety tests specifically targeted at things like thermo and electrical properties and overall integrity. "Nissan is proud of the Leaf's 'Good' rating in all other IIHS tests, a 4-star NCAP rating from NHTSA and its IIHS Top Safety Pick rating in all previous years since the car's release," the company said in an e-mail sent to AutoblogGreen. "As for the performance of the 2014 Leaf in the 'small overlap frontal test,' Nissan will continue to review these and other results from the IIHS 'small overlap frontal test' as we seek opportunities for improvement." Check out the IIHS's press release and small car crash-test video footage below. Range of ratings: Small car ratings run the gamut in challenging small overlap front test The Mini Cooper Countryman is the only small car to earn a good rating among the latest group of 12 cars subjected to the Institute's small overlap front crash test. Two electric models and a hybrid also are in the mix, with varied results. The electric-powered Chevrolet Volt (with a gasoline engine "range extender") earns an acceptable rating, while its battery-electric rival, the Nissan Leaf, earns a poor rating.