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Commissioner Rosen: There is no defect in Mandelblit's conduct around the appointment of the State Attorney
The State Attorney's Office stated that the ombudsman acted correctly when he "insisted on expressing his position" on the appointment of Shai Nitzan's successor.
Tags- David Rosen
- The State Attorney's Office
- State Prosecutor
- Attorney General
- Avichai Mandelblit
- Amir Ohana
Daniel Dolev
Wednesday, 19 August 2020, 18:42- Share on Facebook
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The Commissioner for Audit of the Prosecution Division, retired Judge David Rosen, ruled today (Wednesday) that there was no defect in the conduct of the Attorney General, Avichai Mandelblit, regarding the appointment of an Acting State Attorney. "Whether or not the Attorney General was required to hear the Attorney General's position on the appointment of an Acting State Attorney, I found no fault in the fact that the Attorney General insisted on expressing his position on the matter, which was twice denied by Minister Ohana. Ben Ari Ginzburg and the appointment of Adv. Dan Eldad) ", Rosen said.
The person who filed the complaint with the count is Prof. Elisha Haas, on behalf of the "Professors' Circle for Political and Economic Resilience." The complaint alleges that Mandelblit acted illegally when he "tried to dictate to the then Minister of Justice, Adv. Amir Ohana, without any basis in law, his own candidate for the position of deputy." It was further alleged that Mandelblit misbehaved when he took over the State Attorney's office. Acting Ohana, Adv. Dan Eldad. Finally, the complainants added that things are more serious due to the recent suspicions, they say, regarding Mandelblit's conduct in the Harpaz affair.
Rosen examined the matter after hearing the reaction of both Dr. Gil Limon, Mandelblit's senior aide, and Dan Eldad. He decided to dismiss the complaint almost completely. The commissioner noted that the High Court has already discussed the State Attorney's powers. , And accepted the ombudsman's position that this is an interim solution that is possible because most of the powers of the State Attorney are in any case derived from the ombudsman's powers.
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Rosen wrote that he did not find it appropriate to deal with the conduct of Mandelblit, who as stated has already been heard in the High Court, but wrote that the situation may indeed cause difficulty - for example in a situation where the state attorney may require investigative material concerning the ombudsman. Accordingly, Rosen recommended that a change in the law be considered so that if he were to vacate the State Attorney's office, or be barred from attending the State Attorney's office, he would serve as one of the Deputy State Attorneys as his successor.
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The State Attorney's Office: Closing Mandelblit's case without justification - inappropriate
To the full article
"No defect was found in the conduct." Retired judge Rosen in court (Photo: Dror Einav)Rosen's decision even rejected the allegations regarding Mandelblit's conduct around the election of Shai Nitzan's deputy, so he argued that there was a legal impediment to appointing a candidate who would not be acceptable to him. "I believe that in cases where the Attorney General believes that, as the head of the prosecution, the Minister of Justice intends to nominate a person for some reason is not suitable for filling the position, the duty to flood the matter to the Minister as soon as possible."
With regard to the allegations relating to conduct of Mandelblitt Harpaz affair, Rosen noted He has already discussed them in another complaint - and rejected the claim that there are suspicions of disrupting an investigation by him. He added that in the same decision he stated that the prosecution should have closed the case on the grounds of innocence and not left it open without stating the reason for closing. "In the failure that rests on the shoulders of the State Attorney's Office, and it should not be attributed, even in the slightest, to Dr. Mandelblit's duty."
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