Lawyer of the American accused in the trial against the former Nissan boss appeals for “justice”

Kelly, a former Nissan executive vice president, was arrested in 2018 on charges of underreporting the compensation of Ghosn, who headed Nissan Motor Corporation for two decades.

In 2022, Kelly was acquitted of almost all charges and given a suspended sentence, meaning he did not have to serve his sentence.

He was found guilty for only one of the eight years for which compensation was allegedly understated.

“The news went around the world and Kelly’s reputation was literally damaged on a global level,” defense attorney Yoichi Kitamura said outside the Tokyo High Court.

In his closing argument, Kitamura called the lower court’s ruling “unreasonable” and said it made no sense that Kelly was part of a conspiracy just last year.

“I conclude my argument by urging the court to carefully examine the evidence presented, make a judgment based on law and evidence, and announce an acquittal, restore Kelly’s reputation and do justice,” Kitamura said, using the English word for “justice.”

Presiding Judge Kazunori Karei promised to announce a verdict on February 4.

Kelly and Ghosn protested their innocence from the beginning.

Kelly returned to his home in Tennessee during the appeal and was not present in the courtroom.

Ghosn was also arrested and charged, but fled to Lebanon on bail in 2019. He maintains his innocence.

It is unlikely that Ghosn will ever be brought to justice because Japan does not have an extradition treaty with Lebanon.

Top managers in Japan tend to receive significantly lower salaries than their Western colleagues.

When Japan required top executives to disclose their pay in 2010, Ghosn’s annual salary was cut by about half, or one billion yen (£5.2 million).

Testimony and documents presented during the trial revealed that Kelly sought to compensate Ghosn through potential consulting fees after his retirement and to pay him money not to join a rival company (a so-called “non-compete agreement”).

Attorney Kelly says he was simply trying to use legal means to keep Ghosn in Nissan’s interest. The issues could have been resolved in a conference room, but not in a courtroom.

Prosecutors say they are confident in their case. The indictment alleges that Ghosn’s compensation was underreported by 9 billion yen (£47.5 million) over the eight years to 2018.