The second charge against him alleges that the under-reporting continued for another three years.
Kelly, in contrast, was released on bail on December 25 and his lawyer said Friday he has since undergone surgery for spinal stenosis at a hospital in Ibaraki Prefecture and moved to a residence approved by the court.
His legal team said they would file a bail application to free Ghosn, but they acknowledged that he is unlikely to be released, as it is uncommon for defendants in Japan who deny their charges to be granted bail ahead of trial, which in Ghosn’s case will be in about six months.
Ghosn, once the most celebrated executives in the auto industry and the anchor of Nissan’s alliance with Renault, remains in custody in a Tokyo detention center since his initial arrest in late November.
One of the most recognisable foreign executives in Japan, Ghosn was led into Tokyo District Court in handcuffs and with a rope around his waist and was noticeably thinner after more than 50 days of prison food.
Ghosn’s lawyer Otsuru on Tuesday said Nissan had agreed to the arrangement on condition that any losses or gains would be Ghosn’s.
Ghosn’s lawyers are now able to meet him.
Following the indictments, his defense team requested an end to his detention.
“I have a genuine love and appreciation for Nissan”, Ghosn told the court.
Ghosn and senior Nissan director Greg Kelly have been charged in Japan with failing to disclose $43 million in additional compensation for 2010-15 that Ghosn had arranged to be paid later.
Nissan last weekend put two executives close to Ghosn on leave of absence, suggesting that the internal investigation into the alleged misconduct could be spreading.
The court rejected an appeal by Ghosn’s lawyers for his release from detention, and on Thursday turned down another appeal.
In a court hearing on Tuesday, Ghosn denied the accusations, calling them “meritless” and “unsubstantiated”.
The case is also being played out in local media, with another string of allegations leaking out in the Japanese press on Friday.
Directors gave no hint in their statement of any deliberations into Ghosn’s future at Renault.
Ghosn’s prolonged detention has also raised foreign awareness of the Japanese justice system that has come under fire internationally for allowing suspects to be detained nearly indefinitely.
The high-flyer who once sparked criticism for his lavish lifestyle has gone from spacious digs in global capitals to a one-man cell.
He complained about the rice-based diet at the detention centre and his family says he has lost up to 20kg. He appeared in public for the first time on January 8 looking gray and gaunt, and was led into a court room handcuffed and with a rope tied around his waist.
Ghosn fell ill Wednesday evening, and his family in Paris issued a statement the following day expressing their concern and asking Japanese authorities to provide information on his health.
13 January 2019
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13 January 2019
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13 January 2019
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