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NHTSA opens investigation into Nissan's handling of airbag recall

In March of 2014, Nissan recalled eight models among its Nissan and Infiniti brands, totaling more than one million vehicles, over faulty occupant classification system software controlling the passenger airbag. The company discovered a variety of factors that would interfere with the system's ability to detect an adult passenger in the shotgun seat, resulting in an illuminated warning on on the dashboard and the passenger airbag not deploying in an accident. Yet 124 complaints submitted to the National Highway Traffic Safety Administration since the recall allege that the dealer-installed fix hasn't actually fixed the problem; some consumers say the problem persists after multiple trips to the dealer. The Detroit News reports that NHTSA is opening an investigation into the matter to determine whether a new recall is needed. The occupant sensor has been a bugbear for Nissan over the past couple of years; a much smaller recall for the issue in 2013 covered five of the eight vehicles that were recalled in 2014, and that earlier recall also continued to generate complaints after the issue had supposedly been fixed. At the same time, the company learned that in two instances there was another twist, where the dashboard warning wasn't illuminated but the passenger airbag still didn't go off in an accident. Nissan isn't alone, though, with airbag recalls on a steep upswing across the industry even before the Takata debacle.

Ghosn flight prompts renewed focus on Japan's strict justice system

TOKYO — Carlos Ghosn's daring flight from Japan, where he was awaiting trial on charges of financial wrongdoing, has revived global criticism of the nation's "hostage justice," but in Japan is prompting talk of reversing more lenient curbs on defendants. The ousted boss of Japan's Nissan and France's Renault fled to Lebanon, saying on Tuesday that he had "escaped injustice" and would "no longer be held hostage by a rigged Japanese justice system." Ghosn was first arrested in November 2018 when his private jet landed in Tokyo and kept in jail for more than 100 days as prosecutors added more charges, all of which he has denied. He was released on $9 million bail in March — only to be arrested and bailed again the following month. He was facing four charges, including underreporting his Nissan salary and transferring personal financial losses to his employer's books while he ran Japan's No. 2 automaker. His apparent escape from Japan's legal system — Tokyo and Lebanon don't have an extradition treaty — will likely halt or even reverse a trend of recent years toward granting bail in more cases, said Colin Jones, a law professor at Doshisha Law School in Kyoto. “I would expect it to be more difficult for foreign defendants to get bail,” Jones said. In Japan, suspects who deny the charges against them are often detained for long periods and subject to intense questioning without a lawyer present, a system critics call "hostage justice." Japanese civil rights groups and the main bar lawyers association have long criticized a system that convicts 99.9% of criminal defendants. They say it gives too much power to prosecutors, who can detain suspects for long periods before indictment, and relies too much on confessions, some later found to have been forced and false. Ghosn's escape is clearly a shock to Japan's legal establishment. "This case raises the extremely serious issue of whether it's all right to continue the trend toward bail leniency," said former prosecutor Yasuyuki Takai. "The legal profession and lawmakers need to quickly consider new legal measures or a system to prevent such escapes," Takai, who was formerly with the special investigation unit of the prosecutor's office, told public broadcaster NHK.

Carlos Ghosn takes a walk in a park, as lawyer apologizes for disguise

TOKYO — Former Nissan chairman Carlos Ghosn was seen walking in a Tokyo park on Friday, two days after his release in a strange disguise from a Japanese detention center. Ghosn, this time in sunglasses and a Stanford baseball cap (his daughter Caroline's alma mater), was spotted outdoors twice on Friday, strolling outside in the crisp March air. He and several others, believed to be his wife and daughters, visited a downtown Tokyo garden as members of the media trailed them and watched. The intense media attention was what led Ghosn's lawyers to suggest he leave the Tokyo Detention Center after his release on bail Wednesday in a laborer's outfit of cap, surgical mask and high-visibility vest, attorney Takashi Takano said. Many were baffled by the somewhat transparent disguise, which has riveted Japanese tabloid media. One TV show re-enacted his departure. Takano said in a blog post that he took full responsibility for what he called the "theater of disguise." He apologized for its failure. The outfit was confusing but didn't deter media from tracking the small van he traveled in after his release, in a spectacle broadcast live on television. "My immature plan, as a result, has tarnished the reputation that he has devoted his whole life to build," Takano said of his client. Takano asked the media to respect Ghosn's privacy. That plea appeared to go unheeded as cameramen closely followed the celebrity executive as those walking with him stared straight ahead in apparent annoyance. Ghosn, who headed the Renault-Nissan-Mitsubishi Motors alliance, has been charged with falsifying financial reports, under-reporting his income and breach of trust in having Nissan Motor Co. shoulder personal investment losses and make payments to a Saudi businessman. He says he is innocent and that the income allegedly under-reported was never paid or decided, that Nissan never suffered the investment losses and the payments were for legitimate services. In Japan, suspects are routinely kept in detention until preparations for their trials are ready, meaning they are often detained for months. The court rejected two earlier requests by Ghosn for bail. Ghosn led Nissan for two decades, saving the Yokohama-based automaker from near bankruptcy. He was arrested on Nov. 19.