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Julian Ryall

More than three years after he was arrested in Tokyo and charged with conspiring to funnel money to former Nissan boss Carlos Ghosn, Greg Kelly has another three months to wait before a court hands down its ruling.
The final hearing in the trial against Kelly, a former board member of one of Japan’s biggest car makers and head of human resources, took place on July 8.
With a decision in the case – where the prosecution is demanding a two-year prison term – not expected until next March, the 65-year-old will be spending another Christmas away from his family in Nashville, Tennessee.
Kelly found himself in this predicament after the Tokyo District Court turned down his fourth application to visit his family and consult his personal doctors in the US.
Family of Greg Kelly, Ghosn’s co-accused, petition for his release
As well as suffering from what he describes as “specific age-related conditions,” Kelly had planned to undergo delicate neck fusion surgery just two weeks before he was summoned to Japan by Nissan to attend a board meeting and arrested on arrival in Tokyo.
That surgery was eventually carried out in Japan, although not by the doctor with whom he had been previously planning the procedure.
“It’s disappointing,” he said.
“It has been more than three years and I want to go back to see my family again. I have never even seen my youngest grandson.”
Kelly’s lawyers have provided the court with an affidavit stating that he would surrender his passport to his counsel in the US. Kelly also insisted that he has “too much respect for his Japanese legal team” to even consider refusing to return to the East Asian nation for the court’s decision.


Kelly’s pledge came after Japanese authorities were unquestionably embarrassed in December 2019 when Ghosn was spirited out of the country concealed in musicians’ equipment on a private aircraft.
Ghosn was accused of arranging to accept about 9 billion yen (US$85 million) in deferred payments after he left the company to which he was not entitled, while Kelly was charged with helping to arrange the amount.
Both men have denied the charges. Kelly claimed that he was discussing with senior Japanese executives at the company to find a “lawful way” to pay Ghosn to retain him beyond his contract, although nothing had been finalised. No Japanese have been arrested in connection with the allegations.
Ghosn was never paid anything – and our family has lost more than three years of our lives
Dee, Greg Kelly’s wife
The American said he still cannot comprehend how the case even came to court, adding that there was simply “no criminal conduct”.
“I just don’t understand it,” he said. “No individual was ever paid, there was no enforceable promise to pay and all the actions that were taken involved many more people than just myself.”
Yoichi Kitamura, Kelly’s lead lawyer, said he is confident his client will be acquitted “as there is no evidence of a crime or criminal activity.”
“With an acquittal, Mr Kelly will be able to go home immediately, so no special permission from the court will be required for him to do so,” Kitamura said.
He also played down suggestions that the prosecution could try to prolong Kelly’s enforced stay in Japan by appealing a not-guilty ruling.
Ex-Nissan CEO has ‘no doubt’ China’s economy will only get stronger
Under the terms of Kelly’s bail agreement, he is not permitted to be in contact with Ghosn or any of his representatives and he has made no comment on the fugitive car magnate’s public statements, even if they have a relevance to his own situation.
In an interview with This Week in Asia in September, Ghosn pointed out that Japanese prosecutors win “99.4 per cent of the cases, and he is interested not to see what the truth [is] but just to have you confess. That’s it, that’s the way it works.”
Instead of facing those odds, Ghosn said he chose to flee, but felt remorse for those who do have to go through the Japanese legal system.
“I feel bad for all the people who are victims of the Japanese hostage justice system, but the responsibility for this is mainly the country itself,” he said.

Kelly, who leads a “quiet life,” said the restrictions on his movement effectively amount to “house arrest”.
He is free to travel in Tokyo but must ask the court’s permission if he intends to spend more than a night outside the Japanese capital.
Kelly meets regularly with his legal team and, occasionally, a small group of friends. He said the case is rarely discussed in a social setting.
Kelly’s wife Dee, who has remained with him in Tokyo, said she was “disappointed but not surprised” at the decision, adding that if the judgment is in their favour, they would leave Japan immediately.
“The past three years have been difficult for our entire family and there is absolutely no reason why this should have taken so long,” she said.
“Carlos Ghosn was never promised anything and never paid anything – and our family has lost more than three years of our lives.”


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Japan

Ex-Nissan director Greg Kelly awaits verdict in Carlos Ghosn case in Japan after countless failed appeals for US visit

Former Nissan executive Greg Kelly. Photo: AP

Greg Kelly said he still cannot comprehend how the case even came to court. Photo: Reuters

Carlos Ghosn bets on China economy, calls on Japan to fix ‘outdated’ justice system

Carlos Ghosn was credited with turning around Renault and Nissan from near bankruptcy. File photo: AFP

Fugitive former car executive Carlos Ghosn, gestures as he sits next to his wife Carole Ghosn, during an interview with Reuters in Beirut, Lebanon June 14, 2021. REUTERS/Mohamed Azakir

Carlos Ghosn: fugitive or victim? The issue that split Japan into locals and foreigners

Former Nissan chairman Carlos Ghosn speaks during a press conference in Beirut, Lebanon, after fleeing from Japan, where he faced financial misconduct charges. Many Japanese believe he is guilty, while foreigners in the country believe he was being punished. Photo: EPA-EFE

Journalists stand outside of the house of ex-Nissan chief Carlos Ghosn in Beirut, Lebanon, Wednesday, Jan. 8, 2020. The disgraced former chairman of Nissan is expected to speak to journalists in Beirut on Wednesday, more than a week after his dramatic escape from Japan ahead of his trial for alleged financial misconduct. (AP Photo/Bilal Hussein)

TOPSHOT - A photograph provided by Istanbul Police Department on January 8, 2020, shows the case which the former Nissan chief Carlos Ghosn allegedly hid in while fleeing from Japan, where he was being held under house arrest, via Turkey to Lebanon. - The fugitive tycoon, who denies any wrongdoing, skipped bail in Japan while awaiting trial on multiple charges of financial misconduct including allegedly under-reporting his compensation to the tune of $85 million. (Photo by HANDOUT / stanbul Police Department / AFP) / RESTRICTED TO EDITORIAL USE - MANDATORY CREDIT "AFP PHOTO / Istanbul Police Department" - NO MARKETING NO ADVERTISING CAMPAIGNS - DISTRIBUTED AS A SERVICE TO CLIENTS

Japan's Justice Minister Masako Mori speaks during a press conference in Tokyo on January 9, 2020. - Fugitive auto tycoon Carlos Ghosn on January 8 accused Nissan and Japanese prosecutors of plotting against him as he staged an impassioned defence at his first public appearance since fleeing the country. (Photo by Behrouz MEHRI / AFP)

(FILES) In this file photo taken on October 01, 2018 then Chairman and CEO of Renault-Nissan-Mitsubishi Carlos Ghosn presents the Renault K-ZE for the Chinese market during a world premiere as part of an Renault "electric evening" on the eve of the first press day of the Paris Motor Show. - Former Nissan chief Carlos Ghosn, who was on bail in Tokyo awaiting trial on financial misconduct charges, has arrived in Beirut, Lebanese official and security sources said on December 30, 2019. (Photo by ERIC PIERMONT / AFP)

Former Nissan chairman Carlos Ghosn gestures during a news conference at the Lebanese Press Syndicate in Beirut, Lebanon January 8, 2020. REUTERS/Mohamed Azakir

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The 65-year-old American, arrested in Japan in 2018, is awaiting verdict in a case in which he is accused of helping his former boss under-report his income
Kelly, who denied wrongdoing, has been longing to be with his family in the US after a court rejected his fourth application to leave Japan



The 65-year-old American, arrested in Japan in 2018, is awaiting verdict in a case in which he is accused of helping his former boss under-report his income.


Nissan

United States

Ex-Nissan director Greg Kelly awaits verdict in Carlos Ghosn case in Japan after countless failed appeals for US visit

The 65-year-old American, arrested in Japan in 2018, is awaiting verdict in a case in which he is accused of helping his former boss under-report his income Kelly, who denied wrongdoing, has been longing to be with his family in the US after a court rejected his fourth application to leave Japan

The 65-year-old American, arrested in Japan in 2018, is awaiting verdict in a case in which he is accused of helping his former boss under-report his income

Kelly, who denied wrongdoing, has been longing to be with his family in the US after a court rejected his fourth application to leave Japan