Japan stunned by Ghosn's release, critics hope for change

Former Nissan chairman Carlos Ghosn's release from detention nearly four months after his arrest has gripped Japan, giving the public rare glimpse into how the criminal justice system works.

Ghosn was recuperating Thursday, his lawyer said, after leaving the Tokyo Detention Center the evening before, just in time for his 65th birthday on Saturday. His trial on charges of financial misconduct is sure to draw attention as one of the biggest court cases in the history of corporate Japan.

Japan's relatively low crime rate means high profile cases like Ghosn's are uncommon. His trial, which could start later this year, is sure to draw attention as one of the biggest court cases in the history of corporate Japan.

The front pages of all major newspapers carried photos of Ghosn, his identity obscured by a surgical mask, blue cap and laborer's clothes on Thursday.

Broadcasters showed stacks of Japanese currency about the size of a small bed to demonstrate what his bail of 1 billion yen ($8.9 million) would have looked like.

The payment was made electronically but the full amount was required, unlike bail systems like the U.S. where a portion is offered as surety and the full amount is forfeited only if the defendant fails to appear.

While Westerners were wondering at how the idea of "presumed innocent" doesn't seem to apply in Japan, many here were shocked his release came so soon.

"An exceptional case of quick release," said a headline in the newspaper Yomiuri.

Suspects in Japan are usually not released from detention until all documents from both sides are readied for a trial because prosecutors worry that suspects might tamper with evidence or flee. The court rejected two earlier requests by Ghosn for bail.

Theoretically, suspects in Japan are presumed innocent until proven guilty. But the complexity of a case can determine the length of pretrial detention. And long detentions mean suspects practically serve time before they are found guilty.

Seiho Cho, a defense lawyer, says his clients wonder why they aren't getting released as quickly as Ghosn was. Ghosn's legal team offered special conditions, such as a surveillance camera, to win his release.

Bail should be granted without such stringent restrictions, Cho said.

"What we have now is totally wrong," he said. "We hope this will have a positive effect on future cases."
"I realize there is the view that we can't give special treatment to Mr. Ghosn or that Japan has its own way of doing things," he said, but "The case of Carlos Ghosn has highlighted how outdated this system is."