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Musk to testify at trial over his $50 bn Tesla compensation

Photo: Hoy Dinero

| By AFP | Juliette Michel |

Tesla tycoon Elon Musk will take the stand on Wednesday as part of a trial over his $50 billion pay package as CEO of the electric car giant.

Musk will testify in the same Delaware court where he faced a lawsuit by Twitter to make sure he went through with his buyout of the social platform.

The $44 billion purchase of Twitter has put Musk under a deluge of scrutiny after he conducted massive layoffs, scared advertisers and opened the platform to fake accounts.

The unrelated Tesla case is based on a complaint by shareholder Richard Tornetta, who accused Musk and the company’s board of directors of failing in their duties when they authorized the pay plan.

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Tornetta alleges that Musk dictated his terms to directors who were not sufficiently independent from their star CEO to object to a package worth around $51 billion at recent share prices.

The Tesla shareholder accuses Musk of “unjustified enrichment” and asked for the annulment of a pay program that helped make the entrepreneur the richest man in the world.

According to a legal filing, Musk earned the equivalent of $52.4 billion in Tesla stock options over four and a half years after virtually all of the company’s targets were met. 

When the plan was adopted it was valued at a total of $56 billion.

The non-jury trial began Monday with testimony from Ira Ehrenpreis, head of the compensation committee on Tesla’s board of directors, who said the targets set were “extraordinarily ambitious and difficult”.

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Ehrenpreis argued that the board wanted to spur Musk to focus on Tesla at a time when the company was still struggling to gain traction.

‘Highly unusual’

The trial will run through Friday and is being presided over by Judge Kathaleen McCormick, the same judge who was to preside over the Twitter case.

There is no deadline for her decision which could take months.

It’s “highly unusual” for this kind of case to be brought to trial, Jill Fisch, Law professor at the University of Pennsylvania, told AFP.

“There aren’t all that many successful challenges to executive compensation (as) the courts have typically treated this as a business decision,” she added.

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But the court found in this case that Musk’s ownership of about 22 percent of Tesla and his role as CEO “could have an undue impact” on the board and other shareholders, she noted.

Musk canceled an in-person appearance on Sunday at an event on the sidelines of the G20 in Bali to be in court.

Asked why he had not traveled to the tropical Indonesian island, the new Twitter boss joked that his “workload has recently increased quite a lot” after his takeover of the social media giant.

International

Guatemala considers sending high-risk gang members to military prisons

Amid the escalating crisis in Guatemala’s prison system, the government is considering transferring high-risk gang members to military-run detention facilities, a move that analysts say could help address overcrowding and the lack of control in civilian prisons.

The debate has gained urgency following the killing of ten police officers by gang members, reportedly in retaliation after the government refused to meet demands made by Aldo Dupie Ochoa, alias “El Lobo,” leader of the Barrio 18 gang, which authorities identified as responsible for the attack.

Guatemala’s Minister of Defense, Henry David Sáenz, told local media that the possibility of relocating high-danger inmates to military brigades has not been formally discussed. However, he noted that the practice is not new to the Armed Forces and said it is something that “was already being done.”

One example is the detention center located within the Mariscal Zavala Military Brigade, in Zone 17 of Guatemala City, where several inmates are held under military supervision. The facility also houses high-profile detainees, including former official Eduardo Masaya, who faces corruption charges.

In 2015, a ministerial agreement authorized the establishment of the Zone Seventeen Detention Center within the brigade, with a maximum capacity of 114 inmates in Area A and 21 in Area B. The agreement specified that the facility would be used exclusively for civilians or military personnel considered at risk of assassination.

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Additionally, since 2010, a prison has operated within the Matamoros Barracks in Zone 1 of Guatemala City, holding dangerous or high-profile inmates. However, media outlets have described these military detention centers as “VIP prisons,” particularly for former government officials such as ex-president Otto Pérez Molina.

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International

Rights group says over 5,000 killed in Iran protests, mostly civilians

A U.S.-based human rights group said on Friday it has confirmed that more than 5,000 people were killed during the recent protests in Iran, most of them civilians allegedly shot by security forces.

Non-governmental organizations monitoring the toll from the crackdown on what have been described as the largest demonstrations in Iran in years said their work has been hampered by an internet shutdown imposed by authorities since January 8. They warned that the actual death toll is likely significantly higher.

The Human Rights Activists News Agency (HRANA), based in the United States, reported on Friday that it had verified the deaths of 5,002 people, including 4,714 protesters, 42 minors, 207 members of the security forces, and 39 bystanders.

The group added, however, that it is still investigating an additional 9,787 possible deaths, underscoring the difficulty of independently confirming information amid ongoing restrictions and repression.

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International

Japan reopens Kashiwazaki-Kariwa Plant despite public concerns

La centrale nucléaire japonaise de Kashiwazaki-Kariwa, la plus grande au monde, a repris ses activités mercredi pour la première fois depuis la catastrophe de Fukushima en 2011, malgré les inquiétudes persistantes d’une partie de la population.

La remise en service a eu lieu à 19h02 heure locale (10h02 GMT), a indiqué à l’AFP Tatsuya Matoba, porte-parole de la compagnie Tokyo Electric Power (Tepco).

Le gouverneur de la préfecture de Niigata, où se situe la centrale, avait donné son feu vert à la reprise le mois dernier, en dépit d’une opinion publique divisée. Selon une enquête menée en septembre par la préfecture elle-même, 60 % des habitants se déclaraient opposés au redémarrage, contre 37 % favorables.

Mardi, plusieurs dizaines de manifestants ont bravé le froid et la neige pour protester près de l’entrée du site, sur les rives de la mer du Japon.

« L’électricité de Tokyo est produite à Kashiwazaki. Pourquoi seuls les habitants d’ici devraient-ils être exposés au danger ? Cela n’a aucun sens », a déclaré à l’AFP Yumiko Abe, une riveraine de 73 ans.

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La centrale de Kashiwazaki-Kariwa avait été mise à l’arrêt lorsque le Japon a fermé l’ensemble de ses réacteurs nucléaires à la suite du triple désastre de mars 2011 — un séisme, un tsunami et un accident nucléaire — survenu à Fukushima.

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