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Carlos Ghosn, a year after arrest, still seeks trial date and access to evidence
Ghosn's lawyers have asked the court to dismiss all charges against him
https://www.autoblog.com/2019/11/19/carlos-ghosn-one-year-no-trial-date/
Ghosn's lawyers have asked the court to dismiss all charges against him
https://www.autoblog.com/2019/11/19/carlos-ghosn-one-year-no-trial-date/
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.