(FILES) In this file photo taken on May 11, 2012 President and CEO of Japan's auto giant Nissan Carlos Ghosn gestures as he answers questions during a press conference at the headquarters in Yokohama, suburban Tokyo. Former Nissan boss Carlos Ghosn on January 4, 2019 lodged a request for a hearing to clarify why he has been detained since his arrest in November, according to the court. / AFP / Toru YAMANAKA
Nissan's former chairman  Carlos Ghosn, says he has 'acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company'. AFP

Former Nissan boss Carlos Ghosn says he is 'wrongly accused' in first court appearance



Carlos Ghosn rejected claims he failed to disclose income from Nissan Motor and passed on trading losses to the car maker, in his first public comments since his shock arrest almost two months ago.

“I have been wrongly accused and unfairly detained based on meritless and unsubstantiated accusations,” he said in a statement on Tuesday. “I have acted honorably, legally and with the knowledge and approval of the appropriate executives inside the company – with the sole purpose of strengthening Nissan.”

The former Nissan chairman, once feted as the automaker’s saviour, appeared in a navy blue suit and white shirt and seemed to have lost weight, according to local broadcasters.

Tuesday’s hearing at a Tokyo district court was the first chance for Mr Ghosn to give his side of the story. He told the court that contrary to the accusations made by prosecutors, he got no compensation from Nissan that wasn’t disclosed.

Draft proposals for post-retirement compensation were reviewed by internal and external lawyers, showing he had no intent to break the law, according to the statement.

He asked Nissan to take on collateral linked to foreign-exchange forward contracts “as it came to no cost to the company” and the contracts were then transferred back to him without the car maker incurring any loss. The contracts were entered into because the company paid him in yen while he preferred dollar income.

He said he has always acted with integrity and has never been accused of any wrongdoing in his professional career.

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After weeks in jail, the executive’s public defense – in his own words – was highly anticipated. A whopping 1,122 tickets were handed out on Tuesday in a lottery to attend Mr Ghosn’s hearing – about 80 times oversubscribed – for the 14 public seats available in the courtroom gallery.

The high-profile executive was the architect of the alliance between Nissan, France’s Renault and Mitsubishi Motors. While he was dismissed as Nissan chairman shortly after his arrest, Renault has kept him on as chairman and chief executive officer because it needs evidence of wrongdoing.

And his appearance lends a new dimension to a legal battle that has been largely one-sided. Accusations against him have layered up and his confinement has repeatedly been extended. He was re-arrested on fresh charges on December 21, just when it looked like he may be able to apply for bail.

“I look forward to beginning the process of defending myself against the accusations that have been made against me,” he said in the statement.

Mr Ghosn sought to highlight his loyalty to Nissan and he spoke of “a genuine love and appreciation” for the company. He said four major companies tried to recruit him while he was Nissan CEO. He even named some of the people who reached out to him – Bill Ford at Ford Motor, and Steve Rattner, the Obama administration’s car czar at the time, who tapped Mr Ghosn for a position at General Motors.

Mr Ghosn turned them down. "Even though their proposals were very attractive, I could not in good conscience abandon Nissan while we were in the midst of our turnaround," he said.

Meanwhile, a Saudi partner of Nissan came to the defense of Mr Ghosn after a $14.7 million payment to the Middle Eastern company came under the scrutiny of prosecutors in the probe. The transaction over four years was for legitimate business purposes, the firm said.

Tuesday’s sessions followed a request by Mr Ghosn’s legal team for the court to explain why he still remains in detention.

If proven, each of Mr Ghosn’s alleged offenses may carry a sentence of as much as 10 years, prosecutors have said. Nissan has also accused Mr Ghosn of misusing company funds, including over homes from Brazil to Lebanon and hiring his sister on an advisory contract.

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