Prosecutors' Raid Of Ghosn Lawyer's Office Ruled Illegal
The Tokyo District Court has ruled that prosecutors acted illegally when they raided the office of a lawyer for former Nissan chairman Carlos Ghosn after he jumped bail and fled the country.
The ruling on Friday came in a civil suit filed by Hironaka Junichiro. His office was searched in January 2020, about a month after Ghosn fled to Lebanon to avoid facing trial in Japan on charges of financial misconduct.
Hironaka argued that prosecutors conducted the raid even though he had objected to the search based on a lawyer's right to reject the seizure of items to protect a client's confidential information.
The court ruling agreed that the raid lacked legitimacy as it breached the spirit of the attorney's right to reject seizure.
The presiding judge said it is up to the lawyer whether or not to exercise the right. He added that prosecutors did not need to seize records of the lawyer's interviews with Ghosn in detention, because the copies could be readily viewed at court.
Hironaka called the ruling "groundbreaking." He said it will have a major impact on prosecutors' activities, as they will now be barred from conducting similar raids.
Hironaka sought damages of about 3 million yen, or about 22,500 dollars, from the government. But the court denied the damages claim, citing the lack of material damage to the client's confidentiality.