Shai Nitzan did not give in to the elected officials. Along the way, he lost the public

Photo: Niv Aharonson

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The state attorney who has been marked as a legal star from the beginning ends his tenure when the system he heads is under attack. Along with the charges of defendant Netanyahu and his supporters, Nitzan's conduct, sometimes perceived as detached and self-righteous, did not help the prosecutor's position. A particularly tumultuous tenure

Daniel Dolev

Early last month, at a Justice Department specialty event, State Attorney Shai Nitzan confronted the public and admitted it was an error to approve the attorney accompanying Netanyahu's files, Liat Ben Ari, for two days out of the four days of the prime minister's hearing. "In retrospect, it would have been preferable to act differently," Nitzan said. "Not because the hearing was damaged, but because of appearance. We are not free of mistakes, but the power of the slime that was imposed on Ben Ari - a dedicated lawyer - is unimaginable."

Nitzan, who will leave the State Attorney's Office on Sunday, was right: On the one hand, there is no doubt that Ben Ari's absence from part of the hearing, which was held before Attorney General Avichai Mandelblit, was blown away by Netanyahu's supporters, who did not miss the opportunity to attack the prosecution. On the other hand, the one who gave them the opportunity was, among other things, Nitzan himself - who did not anticipate the possible damage, precisely during such a sensitive period.

The prosecutor's office saw those who saw this incident as a good feature of Nitzan. "He lives within the system, and he gives the system, in his view, the public credit she had in the past," a prosecutor's office said. "Nobody ever thought anything could be wrong with the prosecutor's office. That if the prosecutor's office does it - then it's probably okay."

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"Living within the system." Nitzan (Photo: Reuven Castro)

State Attorney Shai Nitzan at the Inauguration Ceremony for incoming Justice Minister MK Amir Ohana, Ministry of Justice, Jerusalem, June 23, 2019 (Photo: Reuven Castro)

Bud during his military service

Nitzan, who celebrated his 60th birthday in late November, was born in Jerusalem and studied at the Nativ Meir Yeshiva. He served in the 890th Battalion, in the same company with the future Police Commissioner for John Danino, and also with Menashe Arbiv - who would later become Commander Lahav 433, but would also be forced to leave the police on suspicion of receiving favor from Rabbi Josiah Pinto, and would therefore be convicted of failure to fulfill official duty.

"When I took command of Company 2/78 in the 890th Paratroopers Battalion, I surveyed the soldiers one by one," says Attorney Avi Amiram, who commanded Nitzan's company in the track. "Among them was Shai Nitzan, whom I knew as Isaiah Nitzan - a religious guy with a dome, The immediate impression he left in me was an 'intellectual', a book man, which corresponded to the fact that he had studied in the Path of Meir. His intellectual skills were utilized to be used as a departmental medic to assist the wounded and injured. He performed his tasks properly, without steam. Later, when I learned that he was an intern of Supreme Court President Aaron Barak, I was not surprised. Our paths have intersected in the field of criminal law to this day. "

"In retrospect, it would have been better to act differently." Ben Ari (Photo: Ministry of Justice spokeswomen)

Liat Ben Ari (Photo: Ministry of Justice spokeswoman, official website)

When the government approved Nitzan's appointment as State Attorney in place of Moshe for a generation, she did so despite the opposition of Uzi Landau and the Jewish Home Ministers. It's hard to imagine today, but Prime Minister Benjamin Netanyahu welcomed the appointment, saying: "Shai Nitzan is the most deserving candidate, smart, honest, educated in his field and educated in general, and balanced."

One of the things that accompanied Nitzan as a state attorney was the fact that he had never worked in the district attorney's office, certainly not a district attorney. "He is a smart and professional man, even in the criminal field, and although he does not come from this field, he knows criminal law far better than many criminalists," said a well-known person with the prosecutor's office, and a prosecutor's office strengthened things: "Bud is a very high-level professional. He has a rare ability to read, study and understand large amounts of material even in legal areas he does not control. "

Although the gap is unprofessional, the same officials agree that Nitzan's professional background has influenced his style as state attorney. "He never conducted at the human level," says one. "For the past six years he has been a manager. Apart from his bureau, he has no direct subordinates that he hears about their troubles, a disputed lawyer, marital problems, professional debates, difficulties in balancing work and private life. He has no contact with employees. Director of data, of Excel, of big programs. "

The Lodge Boy

"Shay is what is called a bureau boy," says another official. "From a very young age, he was anointed with oil, and was always a star and was seen as a star. He didn't understand what was bothering his employees' mainstream. He tried to foster excellence, but a good manager should contain and nurture and develop whoever is not the best there is. "It was easy to go to a fight when you knew Moshe was behind you. Look at Dorit Beinisch for example, she was a leader. She had the spirit, and such professional and personal power to look up to her. You wanted to be like her. I don't know if there is a lawyer in the country who wants to be like Shay."

Still, as mentioned, even among Nitzan's critics it is difficult to find anyone to dispute the fact that this is a rare legal talent. "He is a talented man, who did not inherit anything, but grew from the inside and always did everything to cum. All the bosses he had came to praise him," said a senior legal official. "True, Nitzan also made mistakes sometimes. But the criticism that is being criticized today - because he chose to indict Netanyahu, says he stitched cases, liar and cheater. What kind of thing is that?"

Nitzan left an intellectual impression on me. Attorney Amiram

Adv. Avi Amiram (Photo: -, Walla system! NEWS)

One of those mistakes, which some of the interviewees mentioned in this article, is Nitzan's conduct in the pathological case Maya Furman Resnick. In 2013, Foreman Resnik testified at the trial of Roman Zadorov in Nazareth District Court. She testified on behalf of the defense about the shape of the knife blade used for the murder of the girl Thair Radha. Her testimony, which contradicted the Attorney General's position, was subject to fatal criticism by the court, even though it was not a matter at the heart of the trial.

A year later, Foreman Resnick won a senior position at the Abu Kabir Pathological Institute. Nitzan decided to try to avoid the appointment, and sent a letter to the director general of the health ministry stating the district court's review. Later, the Supreme Court canceled the ruling against Forman Resnick, but the damage was already done: Nitzan's move was seen as revenge and persecution by the system.

Nitzan: The submarine affair has shaken Israel, we have vowed to fight corruption

A former state prosecutor, who is well acquainted with the outgoing state attorney, claims he did not act in vengeance - but still had to make another mistake. "The court's criticism was very harsh, and Shai's intent was matter-of-fact," says the former senior official. "That if she is a picture to the Pathology Institute, which the prosecutor's office helps every day - every defense will make patties. But when Shai himself is the one who evacuates, in a case that half a state is dealing with, it was not true. He is so rooted in his justice that he is not even able to see how anyone "Look at it upside down. It's a kind of self-righteousness or detachment, or an excess of self-confidence. Precisely because he is a legal genius, he does not understand that things should not only be legally correct, but also look good."

"Can protect any state's position"

Over the years, Nitzan has been described as someone who can defend every state of the country. His critics are an example of how the High Court has steadfastly defended the lenient plea agreement with former President Moshe Katsav, which did not include the rape clauses. The argument was that there was no reasonable chance of conviction. Ironically, Katsav ultimately refused to sign the agreement, preferring to go to trial - And convicted of rape.

"Shay can certainly defend any position," says the former state prosecutor's office, "but I don't say that in criticism. I don't think attorneys should put their personal stance on pace. At that point, counsel counsel Manny Mazuz decided to go on a sticky plea. It wasn't as far-fetched as it sounds in retrospect. So Xi was defending it, and to this day he's snatching it up. What do you mean? The USSR signed a reasonable agreement, which is certainly worthy of protection - even though Katsav did not get the arrangement and was convicted of rape. . So it doesn't look good, but it's not unfounded. "

"You looked up at her." Beinisch (Photo: Shlomi Gabay)

Supreme Court Judge Dorit Beinisch at a Haifa Trial Conference, December 6, 2019 (Photo: Shlomi Gabay, official website)

Another significant event in recent years was the one that took place in Umm al-Khiran in January 2017. A Bedouin citizen named Ya'akov Abu al-Qi'an shot dead Officer Erez Levy, and was shot dead by police. Police Chief Roni Alshich and Home Security Minister Gilad Arden quickly ruled that it was a terror attack. About a year and a half after the incident, Shai Nitzan closed the case against the police officers who were at the incident, adding that there was insufficient evidence to determine whether Abu al-Qi'an intended to carry out an attack or lost control In other words: Although there is not enough evidence to suggest that Abu al-Qi'an was deliberately trying to run over the police, the State Attorney refused to clear the dead man's name.

"He got involved with his approach precisely on DIP matters," said the former senior. "Because on the one hand you have to get worse with the police who have been stoned, and on the other you want to protect the police. This is no ordinary delinquency. Therefore, in Umm al-Hiran, his tendency is to defend the commissioner, because he is state and systematic. (But) if the minister said something nonsensical, it was not his job to defend it. And if the police try to throw it at some poor man, then he It shouldn't help her with that. "

A month and a half ago, Nitzan's attitude towards Mecca censured: High court judges ordered indictment of police officer shot dead in Kfar Kana resident - after State Attorney approved closing the case against him. This is a very rare and unprecedented event, as the courts are not inclined Intervene in prosecution decisions. The Prosecutor's Office asked the High Court for further hearing of the expanded composition judgment, and is currently awaiting a decision.

When Netanyahu's arrows were directed at the State Attorney's Office

Contrary to his attitude toward police, it is impossible to claim that Nitzan showed any kind of softness toward politicians suspected of corruption. The march of the high-profile investigators and defendants who passed under him includes MK David Bitten, Minister Haim Katz, Minister Aryeh Deri, MK Hanin Zoabi and senior BLAD officials, Deputy Minister Yaakov Litzman and, above all, Prime Minister Benjamin Netanyahu.

During his investigations, Netanyahu pointed the fire at the police. However, in the last two years, since the police recommended that they be prosecuted, the arrows have been directed at the prosecution - and personally to Nitzan and the prosecuting attorney, Ben Ari. "These are two attorneys who have been particularly pushed to accuse me," the prime minister argued against two senior prosecutors who led the offensive, believing that bribes should be charged in all three cases. After Attorney General Mandelblit announced that he had decided to indict Netanyahu, the prime minister claimed that he had "succumbed to the pressure of Shai Nitzan and other attorneys."

As the attacks intensified, Nitzan tried to defend the prosecutor's office - but not always successfully. For example, he sent a letter to former prosecutors asking them to be interviewed in the media and to go out in defense of the prosecutor's office. However, the contents of the letter were leaked, and it turned out that the mailing list had four judges, prompting a public reprimand from Supreme Court President Esther Hayot. Again, the prosecution had to make it clear that this was a malfunction.

"Involved with his approach precisely on DIP matters." Umm al-Hiran (Photo: Reuters)

Clashes in Umm al-Hiran village in the Negev, January 18, 2017 (Photo: Reuters)

Another example was revealed in Walla! NEWS Recently: Several months ago, various prosecutor's forums raised the possibility of transferring powers from Nitzan to his subpoena for criminal matters - Attorney Mumi Lamberger. Some of the prosecutors exposed to the plan believed that given the hostile atmosphere of politicians, the change might create an appearance as if Nitzan was trying to "secure" The State Attorney's Office, and create a situation in which if an outside State Attorney is appointed, he will at least enjoy less authority, as well as those who linked that experience to Ben Ari's appointment as Deputy State Attorney for Economic Enforcement - which carries a guaranteed eight-year term.

The State Prosecutor's Office argued that the changes being considered had nothing to do with Nitzan's imminent term, and in any event, they did not eventually come to fruition. But again it was another man who had to explain to the bud that things might look bad on the outside. "In the end," a prosecutor's office recently said, "we could avoid a lot of shame if they were simply sensitive to public trust. There is a public here who judges all our actions."

The possibility of transferring powers from Nitzan to him was raised. Lambberger

Image of Attorney Shlomo (Momi) Lamberger (Photo: Walla System! NEWS)