MK Gideon Sa'ar proposes to give courts jurisdiction to invalidate wrongful evidence to allow fair trial • Proposal frozen for two months
The Ministerial Committee on Legislation discussed today (Sunday) in the bill of MK Gideon Sa'ar to grant authority to the courts to admit evidence obtained illegally. However, in order to enable a fair trial rather than practiced today.
In the end the committee decided to postpone the bill for two months, In order for retired President Dorit Beinisch to make recommendations on the proposal, as requested by the committee's chairman and Minister of Justice, Avi Nissenkorn.
The law does not rule out any unduly obtained evidence, but gives the court the authority to do so. The explanatory statement to the law states that while the English legal system on which the Israeli authority relies has evolved and, over the years, that evidence could not be used, the Israeli legal system remains behind and is identical today to the mandate period. This allows for the use of trial time in prohibited evidence even though the law prohibits their existence.
Photo by Shmuel Buchris
For example, the removal of information from the former phone of the former Bar Association's chairman Epi Naveh was prohibited, and there is an argument as to whether the pressures exerted on the state by Nir Hafetz are prohibited evidence. Use them - although this is not allowed.