Why is Greg Kelly the only one facing trial in the Ghosn case?

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Greg Kelly is the sole individual facing trial in the Ghosn case due to his alleged direct involvement in the financial misconduct allegations, while former Nissan chief Carlos Ghosn is currently an international fugitive.

Greg Kelly, a former aide to ex-Nissan chief Carlos Ghosn, is the only person scheduled to stand trial in Tokyo in connection with the financial misconduct allegations that led to Ghosn's arrest in November 2018. Ghosn himself has fled Japan and is residing in Lebanon as an international fugitive, having escaped while on bail. Kelly faces a single charge related to the alleged conspiracy to under-report tens of millions of dollars in pay promised to Ghosn after his retirement.
Kelly Faces Charges of Conspiring to Under-Report Ghosn's Compensation

The trial will focus on whether Greg Kelly and Nissan illegally concealed approximately ¥9.2 billion (US$87 million) in retirement payments that were pledged to Carlos Ghosn between 2010 and 2018. Kelly, who denies any wrongdoing, insists that Ghosn never received or was promised any such compensation. Prosecutors and Nissan contend that they possess evidence demonstrating these future payments were indeed pledged and should have been disclosed in the company's financial filings.
Nissan Plans to Plead Guilty and Will Be Tried Alongside Kelly

Nissan Motor Co. is also set to be on trial alongside Greg Kelly and intends to plead guilty to the charges. This marks a significant development, as the company itself will face legal proceedings related to the alleged financial misconduct. The trial is expected to last approximately 10 months, delving into the complex details of the compensation agreements and disclosure practices at Nissan during the period in question.
Defense Faces Challenges Including Witness Testimony Restrictions

Kelly's legal team has expressed confidence in their ability to secure an acquittal, despite Japan's notoriously high conviction rate. However, they face several obstacles, including the court's refusal to permit overseas witnesses to testify via videoconference. There are also concerns that foreign witnesses may fear detention if they travel to Japan to provide testimony, potentially limiting the defense's ability to present crucial evidence.
Key Witnesses Include Former Nissan Executives

Among the key individuals expected to provide testimony during the trial are Hari Nada, a former colleague of Kelly's who has been granted whistleblower status by prosecutors in exchange for cooperation, and Hiroto Saikawa, the former CEO of Nissan. Saikawa's testimony is anticipated, particularly given his departure following an internal investigation that uncovered financial improprieties in the wake of the Ghosn scandal.

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Why is Greg Kelly the only one facing trial in the Ghosn case?

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