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The amendment of the indictment is a victory for Netanyahu and Elowitz, but is not necessarily a sign of things to come - Walla! news

2020-12-14T19:01:39.857Z


Top prosecutors have been drafting the indictment in the 4000 case for months, but now the judges have accepted the claim that the wording does not allow them to defend themselves properly. The prosecution was in any case prepared to elaborate and prove with regard to any demand for coverage that was submitted - but will have to do so earlier than expected


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Amending the indictment is a victory for Netanyahu and Elowitz, but is not necessarily a sign of things to come

Top prosecutors have been drafting the indictment in the 4000 case for months, but now the judges have accepted the claim that the wording does not allow them to defend themselves properly.

The prosecution was in any case prepared to elaborate and prove with regard to any demand for coverage that was submitted - but will have to do so earlier than expected

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  • Benjamin Netanyahu

  • Shaul Elowitz

  • File 4000

Daniel Dolev

Monday, 14 December 2020, 20:51

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In the video: Discussion of Netanyahu and Elovich's request to cancel the indictments against them (Photo: Roni Kanfo)

The order of the Jerusalem District Court today (Monday) to amend the indictment in the 4000 case is a great victory for the defendants - Prime Minister Benjamin Netanyahu and the couple Shaul and Iris Elowitz.

However, it is not clear how much this victory will affect the course of the trial.

In any case, this is a long process that is only in its infancy, and the decision does not in any way signal how it will be decided.



Defendants have made a number of allegations regarding the wording of the indictment, mainly because it is worded in many places in a vague and general manner that does not allow them to respond to it in a matter-of-fact manner.

This is the case, for example, with regard to wordings such as "the prime minister and his family", which allegedly attribute to the prime minister his wife Sarah Netanyahu's requests to the Walla!

NEWS.

It was further alleged that the indictment does not list all the inquiries made regarding coverage in Walla!

NEWS, and here too general and vague wordings were preferred.

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  • The court ordered the prosecution to amend the indictment against Netanyahu in the 4000 case

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Won the battle, but the war is still far from over.

Netanyahu speaks at the beginning of his trial (Photo: Yonatan Zindel, Flash 90)

The attorneys for Netanyahu and the Elowitz couple - attorneys Boaz Ben-Zur, Jacques Chen, Michal Rosen-Ozer and Amit Hadad - argued that this form of wording prevents them from defending effectively.

"We are here in a saga that is taken from some mythology and we cannot deal with it," Adv. Chen said at the last hearing. "We have to deal not with stories of action taken from other sources, but with a clear sheet of controversy.

We are in a criminal case, against what we have to defend ourselves here. "

Elovich in court (Photo: Reuven Castro)

At the same hearing, the plaintiff in the 4000 case, Adv. Yehudit Tirosh, tried to convince the judges of the logic of the general wording by means of an example.

"Come whenever you want," she told the judges. "Sometimes they registered at the restaurant they came to, sometimes they did not register at the restaurant they came to.

We will tell this story in the indictment.

And we will not necessarily invent, and in our method we will not have to invent an accurate list of all the times they went in and came to the restaurant.

What is?

Of course we will have to bring evidence that this story is true. "

The statement behind the decision

Judge Oded Shaham responded to this argument with his own metaphor.

"We are not sure it is enough to say that there is a forest without telling about the trees that make up the forest in this case," he told the plaintiff.

In their decision today, the three judges adopted this position, and ordered the prosecution to amend the indictment accordingly.



The same indictment that was drafted for months by the top prosecutors and approved by the Attorney General himself, and now the judges accept the defendants' claim that he is not allowing them to defend themselves effectively.

This is the true statement behind the dry legal wording of the decision: "In our case, the accuser drafted a long and detailed indictment, including three charges. And are relevant to the defense of the defendants. "

"Quite a few details are missing, as alleged by the defendants' attorney." Adv. Hadad, Netanyahu's attorney (Photo: Yonatan Zindel, Flash 90)

The judges, it is important to clarify, did not reject the prosecution's thesis, as they had not yet heard a single piece of evidence.

Nor can the decision be seen as a hint that they intend to do so.

In addition, the State Attorney's Office was prepared to go down during the trial to the resolution of each and every demand and prove that Netanyahu was aware of most of them.



But the judges made it clear to the prosecution that it would have to do so already now, in the indictment, and detail as to each coverage request when it was forwarded, by whom, and how it was complied with.

This amendment will give the defendants a better opportunity to defend themselves, as they will already be able to address each demand concretely, and try to deal with the forest tree by tree.

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Source: walla

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