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The Netanyahu trial
A conversation or two with a prosecution witness?
A defendant other than Netanyahu had already been questioned
Netanyahu admitted in an interview with News 12 that he had spoken to Milchen "once or twice" since the indictment was filed, and claimed that he was allowed to do so.
Although the law does not sweepingly prohibit contact with a witness, criminal defense attorneys make it clear that if his identity had been different, the details would have been clarified in an interrogation room and not in a news studio.
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Benjamin Netanyahu
Arnon Milchen
Daniel Dolev
Tuesday, 16 February 2021, 19:34
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In the video: The Netanyahu trial - Prime Minister Kfar in the indictment against him (Stills photo: Reuven Castro, Photo and video: Contact)
Prime Minister Benjamin Netanyahu admitted yesterday (Monday) in an interview with News 12 that since filing the indictment against him, he has spoken "once or twice" with one of the main prosecution witnesses against him, businessman Arnon Milchen.
On the face of it, the law does not prohibit a defendant from speaking en masse with prosecution witnesses at trial - however it is likely that any defendant other than the prime minister would have already been summoned for questioning with a warning to find out exactly what he was talking about with the witness.
Netanyahu claimed in an interview that he was allowed to speak to prosecution witnesses.
"You are allowed to talk," he told interviewer Yonit Levy.
Indeed, the law does not prohibit a connection between a defendant and a witness in his trial, but rather an attempt by any means to influence a witness to retract testimony given by the police, to testify in court or not to testify at all.
But that's just part of the picture.
From the Prime Minister's remarks in the interview, it was clear that his talks with Milchen were trivial.
"What was I talking about? I told him a happy holiday, I do not remember what," Netanyahu claimed.
That may be the truth, but according to veteran criminal defense attorneys who spoke with Walla!
NEWS, In other cases this question would not have been clarified in a news studio, but in an interrogation room.
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Under a different identity he would have been called in for questioning with a warning.
Netanyahu (Photo: Reuven Castro)
Another defendant who would have contacted a key prosecution witness was expected to immediately become a suspect in obstruction of justice and dismissal of a witness, and was summoned for questioning with a warning.
There, the researchers would try to understand exactly what was said in the conversation, and in what context.
In some cases, even a conversation that does not directly mention the testimony may be construed as an attempt at influence.
In the present case the accused was not summoned for questioning, and it does not appear that this will happen either.
In recent weeks, the prosecution has dealt not with the connection between Milchen and Netanyahu, but with the connection between Milchen and his former defense attorney, Boaz Ben-Zur, who currently represents the prime minister.
A letter sent by the Alps prosecution team to Ben-Zur about two weeks ago states that Milchen and his personal assistant Hadas Klein, also a key witness in the 1000 case, updated the prosecution that Ben-Zur contacted Milchen and talked to him about issues related to the cases.
He may testify earlier than expected.
Milchen (Photo: AP)
Under the direction of Attorney General Avichai Mandelblit, police investigators spoke with Milchen and Klein to document their application.
It was also said that it was Ben-Zur who offered Milchen to contact Netanyahu.
Last weekend, journalist Gidi Weitz published in Haaretz that the businessman told an investigator that Ben-Zur told him: "You can pick up the phone to Bibi, but not talk to him about the files. He has a warm corner in your heart for you."
In the same conversation, the prosecutor's office learned that Milchen also spoke with Netanyahu.
In the same letter, the prosecution warned Adv. Ben-Zur against contacting prosecution witnesses. Ben-Zur replied in his own letter, in which he accused the prosecution of trying to harm the prime minister's representation. "If there are those who believe that such letters will be left behind by those involved representation of the prime minister, "he wrote," and will avoid action that is necessary for the purpose of representation, including criticism of the prosecution when it is needed - in error. "
Meanwhile, relations between the prime minister and his lawyer to businessman Milchan led the prosecution to calculate a new route with regard to order witnesses at the trial Last week, the State Attorney's Office informed the Jerusalem District Court that although the evidentiary phase will begin in Case 4000, it is considering bringing forward the testimony of some of the witnesses in Case 1000. The reference was to Milchen and Klein.
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