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Carlos Ghosn, a year after arrest, still seeks trial date and 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. His lawyers have asked a court to grant access to 6,000 pieces of evidence collected from Nissan such as electronic communications, which they say is crucial for a fair trial, showed an Oct. 4 court filing seen by Reuters. 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. Nissan sacked Ghosn, saying its internal investigations revealed misconduct ranging from understating his salary while he was its chief executive, and transferring $5 million of Nissan funds to an account in which he had an interest. An earlier court ruling allowed prosecutors to hand back evidence to Nissan during pretrial wrangling over witnesses and evidence similar to the U. S. discovery process. 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. The lawyers also asked the court to rescind the earlier ruling, saying some evidence could be erased by Nissan to protect confidential business information. They argued the "ruling deprives Mr. Ghosn of his right to receive a fair public trial by an impartial court," as it enabled prosecutors to view and use the evidence and withhold it from the defense. 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. A spokeswoman for the Tokyo prosecutors' office said the office could not comment on individual cases. A Nissan spokeswoman declined to comment. Ghosn's lawyers have also asked the court to dismiss all charges against him, accusing prosecutors of colluding with government officials and Nissan executives to oust him to block any takeover of the automaker by French alliance partner Renault SA, of which Ghosn was also chairman.

Nissan had to re-edit this commercial two times to placate Aussie ad watchdog [w/poll]

Nissan recently aired a commercial in Australia for its Pulsar SSS hatchback - think of it as a five-door relative of our Sentra - in which a couple is seen hastily making their way to the hospital ahead of giving birth. But the ad you can watch now isn't the same ad that aired originally - in fact, Nissan had to re-edit the commercial twice before the Australian Advertising Standards Bureau (ASB) would accept it.
According to Go Auto, the original ad received complaints that it depicted unsafe and reckless driving, including speeding, following cars too closely and screeching to a halt upon arriving at the hospital. One of the complaints reportedly read: "The advertisement promotes driving behavior (rapid acceleration/deceleration/changes of direction) that is counter to sound medical advice regarding the carriage of heavily pregnant women in motor vehicles."
In the first edit, Nissan lowered the vehicle's engine noise, removed the woman's speech urging the man to drive faster ("Go, go, go!") and inserted a disclaimer that read "Filmed under controlled conditions," according to Go Auto, but all of that still wasn't enough to appease the ASB.

Recharge Wrap-up: Cruz defends ethanol stance, Bloomberg gets EV numbers wrong?

Republican presidential hopeful Senator Ted Cruz is defending his stance against ethanol subsidies in an opinion piece in The Des Moines Register. In the piece, Cruz says he doesn't oppose ethanol, but opposes mandates and subsidies, favoring a "free and fair energy marketplace," and an "'all of the above' policy." "We should embrace all of the energy resources with which God has blessed America: oil and gas, coal, nuclear, wind, solar, and biofuels and ethanol," says Cruz, "But Washington shouldn't be picking winners and losers." To farmers' benefit, Cruz says he would enforce antitrust laws against those who try to keep ethanol out of the marketplace, and fight the EPA's hard blend walls prohibiting higher amounts of ethanol in gasoline. Read Cruz's article at The Des Moines Register, and read more from The Washington Times.Hybrid Cars calls out Bloomberg Business in a post saying it used inaccurate data in a piece highlighting dim plug-in sales. While the Bloomberg article, titled "Plug-in Electric Autos Left Behind in Record Year," accurately points out a slower year for EVs, it claims sales slipped 17 percent in 2015. According to data from Hybrid Cars, that decline was just 2.88 percent. Hybrid Cars claims that Bloomberg lumped a number of PHEVs with regular hybrids when it calculated the faulty data. Read more about the discrepancy and the more realistic picture of EV sales at Hybrid Cars.The National Biodiesel Board has hired Sandra Franco as general counsel. The Georgetown University Law Center graduate gained experience in environmental litigation during her time as a partner at the Morgan Lewis Law Firm. "There isn't an attorney in the country who knows renewable fuels law better than Sandra Franco, and we are thrilled to have her join our team," says National Biodiesel Board CEO Joe Jobe. "Sandra is a tremendously skilled and seasoned attorney who will help us ensure that the US biodiesel industry has a strong voice and expert counsel in Washington as well as on legal and regulatory issues across the country." Read more at Crop Protection News.Nissan and Infiniti will use Microsoft Azure to power the Connect Telematics System (CTS) for the Nissan Leaf and Infiniti cars in Europe. CTS allows a remote connection to the car, enabling customers to perform a variety of functions from afar. This includes adjusting climate control and programming charging from a smartphone.