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The Bitan affair
The ombudsman will hold a hearing today before filing an indictment against MK David Bitan
The lawyers for the former coalition chairman, who is suspected of accepting bribes in eight different cases, as well as fraud and breach of trust, are expected to claim that wiretaps carried out against him are illegal. The latter did not know about their acceptance
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Hearing
David Bitan
Avichai Mandelblit
Daniel Dolev
Wednesday, 09 September 2020, 06:00
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Stills: Reuven Castro, Video: Walla! NEWS Archive, Editing: Snir Dabush
Attorney General Avihai Mandelblit will today (Wednesday) hearing before the indictment MK David Bitan (Likud). Bitan suspected of receiving a bribe of one million shekels in eight different passages, as well as breach of confidence, due to the decision on his alleged conflict of interest.
Customary Bitan himself is not expected to attend the hearing, but only his lawyers - Dror Matityahu, Sharon Kahana and Ephraim Damari. The first two are from the State Attorney's Office, and often sat in hearings from the other side of the table: Kahana was the State Attorney's The state
itself will hold the hearing before the ombudsman, but in order to maintain the Corona's limitations and allow distance between the participants, it is expected to be held in the large conference room in the basement of the Ministry of Justice.
Bitan's defense attorneys submitted a major written document about a week ago, but the main issue is the oral hearing.
Due to the scope of the case and the large number of cases, it is not inconceivable that another hearing will be scheduled later.
The hearing was scheduled to take place a few weeks ago, but was postponed due to constraints by the ombudsman and the defense team.
More on Walla!
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Suspected of accepting bribes of about one million shekels in eight different cases.
MK Bitan (Photo: Reuven Castro)
Defense attorneys are expected to make several types of allegations: First, that wiretapping is illegal - an allegation made by Bitan himself during his interrogations.
In general, the law stipulates that wiretapping of Knesset members may not be carried out unless there is a suspicion that they are involved in the offenses of murder, murder or drug dealing.
However, in the current affair, the wiretapping was installed in the furniture store of one of the others involved in the affair - Moshe Yosef - and Bitan was absorbed in it without the investigators directing it.
In such a case, the law stipulates that the investigators must transfer the recording to a judge who gave the permit for wiretapping, and he will decide how to handle it.
In the Yisrael Beiteinu case, a similar case occurred.
There, wiretapping of Daoud Godowski, who was the right hand of MK Faina Kirschenbaum, was wiretapped, and the wiretap was also recorded.
The police then informed the judges who gave the permit, and they examined every recorded conversation in which the Knesset member was also heard, and decided whether it would be passed on to investigators or not.
Kirschenbaum has been charged with a number of offenses - including bribery, fraud and breach of trust - and is currently awaiting a verdict.
At trial, Judge Yaron Levy ruled that due to the screening mechanism operated by the court, the conversations could be accepted as evidence.
The question is whether in the case of Bitan the police and the court also activated a similar mechanism.
More on Walla!
NEWS
Bitan affair: A former Tel Aviv municipality official and Haim Revivo will be charged with bribery
To the full article
The hearing was previously postponed due to the constraints of the ombudsman. Mandelblit (Photo: Bar Association spokeswoman)
Additional allegations relate to the credibility of the state witness in the case, who allegedly received funds intended for Bitan.
In this matter, the defense attorneys will try to question the credibility of the witness, and claim that Bitan did not know about receiving the funds, and that it is possible that the witness used Bitan's name to receive funds from people.
Another type of allegations will try to go into the details of the various affair, claiming that Bitan did not receive funds for activities related to his public office - and therefore the offense of bribery did not arise.
Attorneys Matityahu, Kahana and Damari, representing MK Bitan, said: "We thank the State Attorney's Office for the opportunity to state our position before them, and we are confident that they will give us the time and attention to present our claims."
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