Elon Musk travelled to China alongside US President Donald Trump this week despite his ongoing trial, NBC News reported on Wednesday.
The trial is about a lawsuit Musk filed against the artificial intelligence company OpenAI. As a co-founder of the startup, Musk alleges the firm has betrayed its original nonprofit mission by creating a for-profit arm.
Musk testified in the trial in the US state of California last month. In one of the hearings, a judge asked the relevant parties if there was any reason to hold Musk in recall status.
Upon hearing “yes” from OpenAI defence, the judge told Musk that “you are not excused, but you can leave for the day.”
The report by NBC News said that Musk did not obtain permission from the judge before leaving the country and was still subject to recall as a witness.
A court spokesperson said she did not know whether Musk obtained permission to leave the area or whether his travel could present a problem for the trial.
Musk’s absence may reportedly cause an issue if OpenAI, co-defendant Microsoft or the judge calls him back to the stand on Wednesday, which is scheduled to be the final day of evidence in the trial.
As of midday Wednesday, he had not been recalled. Closing statements are scheduled for Thursday.
