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Judges for the State Attorney's Office: Transferred the Investigation Certificates to the Netanyahu Attorneys' Case Files | Israel today

2020-12-29T11:32:05.892Z


| Trial Following the first publication in "Israel Today", according to which the Prime Minister's Attorney filed a motion to dismiss the indictment against him since the investigation began without the approval of Attorney General Mandelblit, the court ordered the Attorney General to hand over the investigation materials, including the approvals within a week Prime Minister Netanyahu and Speaker Avicha


Following the first publication in "Israel Today", according to which the Prime Minister's Attorney filed a motion to dismiss the indictment against him since the investigation began without the approval of Attorney General Mandelblit, the court ordered the Attorney General to hand over the investigation materials, including the approvals within a week

  • Prime Minister Netanyahu and Speaker Avichai Mandelblit

    Photography: 

    Oren Ben Hakon

The Jerusalem District Court accepted Prime Minister Netanyahu's defense request for investigation materials from the State Attorney's Office and ruled that they would be transferred to the defense within seven days: "After reviewing the arguments of the parties' inability, we do not accept the accuser's position on the 1000, 2000 and 4000 cases." Said the judges.

In doing so, the judges rejected the prosecution's position that these are not investigative materials that do not necessarily need to be submitted.

"We believe that Defendant 1 (Netanyahu YA) has the right to a hearing to obtain the permits ... as they are relevant documents that are protected under 'investigation materials', in accordance with the law. We instruct the accused to hand over the permits in defense, in the existing format, "On the other hand, we accept the accuser's position that there is no justification for handing over to Defendant 1 the opening of the investigation in the old 1000 case, and the materials of the investigation regarding this case, for its own reasons and due to lack of relevance." 

The judges decision relates to a request filed by attorneys for Netanyahu, as reported for the first time Israel Hayom ", to cancel the indictment because not received prior approval of the Attorney General Mandelblitt regarding the investigation. 



The argument of counsel Prime Minister to drop the charges was opening an investigation without permission The ombudsman is in violation of the Basic Law: The Government.

"Whereas no lawful approvals have been given."

The team, led by attorneys Amit Hadad and Boaz Ben-Zur, asked the court to hold an early hearing and order the prosecution to "present the attorney general's permits to conduct investigations and investigative actions in relation to each of the indictment charges."

Some of the evidence in the cases, according to the prime minister's attorneys, was obtained before the ombudsman's approval was given for the investigation - and this means that it cannot be used.

In the 2000 case, for example, it was alleged that the permit to open an investigation was granted nearly a year after "substantial investigative actions" had already begun, including "interrogation of witnesses from the applicant's immediate area (Netanyahu), attempt to recruit state witnesses, issue search and intrusion orders." "Listen to the conversations that the applicant himself (Netanyahu) has while serving as the prime minister of Israel."

In the 4000 case, Netanyahu's attorneys claim that "more than 250 pieces of evidence, relating to the core of the indictment, were gathered before the attorney general's alleged approval was given to open an investigation."

About three months before Mandelblit's approval, in November 2017, for example, an intrusion was made into an email box of Shaul Alovich to search for messages regarding the Prime Minister or his wife's inquiries for media coverage on the Walla website. According to Netanyahu's attorneys, The attorney general, but it was carried out without an appropriate search warrant. "



It was alleged that even if Elowitz's computer was in the possession of the police, as part of a separate investigation (Bezeq-Yes), she was prohibited from conducting a search of the 4000 case, "but only in accordance with a specific order and in relation to specific suspicions" - as the police did Of Ari Haru in the 2000 case. 

Netanyahu's attorneys also hinted that the prosecution had given an incorrect version to the court, claiming last May that former Walla CEO Ilan Yeshua was first questioned about suspicions against Shlomo Pilber - while in fact the investigative actions touched the prime minister in the 4000 case before approval.



Yeshua was interrogated no less than six times in the 4000 case before Mandelblit officially opened an investigation. At the end of December 2017, for example, about a month before the permit was issued, a police investigator wrote a memorandum stating that Yeshua's e-mail intrusion was searched Yam and other people, including "other advisers to the prime minister." The investigator also notes that "I searched Ilan Yeshua's email box for the words: dangerous, big, Sarah, Bibi, Bezeq." 

Along with the judges' decision regarding the submission of the case materials for the cases in question, the request of the Netanyahu attorney's team to receive materials in the old 1000 case was rejected, including various memoranda from the interrogation of state witness Harry Harrow.

"In view of the request for reconsideration of the investigation materials, we reiterate, after further examination, that we were not persuaded of the existence of sufficient grounds to order their delivery, in whole or in part, to the defendants, due to internal documents, some confidential, internal correspondence, and in light of the accuser's statement And the products of the investigation, were transferred to the defense, "the judges wrote in relation to some of the trials.

Source: israelhayom

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