Last night (Wednesday) the television editions of the news published recordings according to which there is a suspicion that the police planted spyware on the phone of State Witness Shlomo Pilber, during his interrogations.
"Israel Today" has learned that the publication of the recordings may lead to the submission of a request to postpone hearings or delay the trial.
Meanwhile, the prosecution today replied to Benjamin Netanyahu's defense attorneys that the allegation of illegal eavesdropping is "under close scrutiny" and that "they are aware of the schedules."
Meanwhile, jurists are addressing the phenomenon and warning of its consequences.
Advocate Uri Keinan, former deputy chairman of the Bar Association and a member of the National Council of the Bar Association, said: .
Alshikh against the background of the NSO building, Photo: Oren Ben Hakon, AP
"It would have been good for the police, if they had not run and denied after the publication of the investigation, but carried out a thorough investigation, because it seems that there have indeed been serious failures in the conduct," said Adv. Keinan. .
There is also room to take disciplinary and perhaps even criminal measures against those who violated the law. "
"The Supreme Court ruling in the cell phone case of Netanyahu's advisers abandons citizens' privacy"
Advocate Yitzhak Bam, an expert in criminal law, told Israel Today: "Currently, there is no way in which the police can remotely extract the data from a citizen's cell phone.
"Apparently, the use of Pegasus is a clear violation of the law and a serious invasion of privacy, and if the police did break into civilians' cell phones remotely, the person responsible should be prosecuted - it is an offense of invasion of privacy and breach of trust."
"The big question is what evidence is the illegal use of the Pegasus dialect, and whether they were 'trained' subsequently by 'legal' searches," said Advocate Bam, posing another question: Information collected in violation of the law? ".
Yonatan Orich and Ofer Golan // Photo: Coco,
"Once the Supreme Court can prepare evidence obtained through an illegal cell phone search of Netanyahu's advisers, there is reason to fear that the ruling will give the police an incentive to use illegal tools to gather information and train the products retrospectively, with the court's help. Abandoning the privacy of citizens, "said Attorney Boom.
"Adopt the 'Poisoned Tree's Theory"
Meanwhile, Advocate Suzy Uzzini Arnia, an expert in criminal law (Likud World Leadership, 11), suggested: "The time has come to regulate in Israel legislation that adopts the 'poisoned tree cows' theory, as is the practice in many countries around the world, including the United States." .
Advocate Uzzini Arnia adds: “The law should be clear and defined and apply to both the citizens of the state and its institutions to prevent a situation of losing public trust in law enforcement systems.
Placing red lines also before state institutions is necessary in order to avoid a serious and blatant violation of the basic rights that underlie any democratic regime.
This is also essential for increasing public confidence in those systems. "
Netanyahu with his lawyers at the opening of the trial, May // Photo: Amit Shabi / Paul,
A former Likud lawyer and MK, David Mana, said that "the use of an illegal spyware program is a contamination of the procedure, and it has very serious consequences.
This is doubly serious because it was done even without a judge's order.
"For the sake of being seen, and for the sake of justice, we must map out all the cases in which the police violated the law and planted spyware, and simply close them."
Former MK Mana adds: "In any case, on weekdays, the power held by law enforcement is almost unlimited, and therefore caution must be exercised in exercising it and beware of violating and trampling on the right to a fair trial and other basic rights of citizens.
"Clear boundaries must be set and these rights anchored in orderly legislation that stipulates that evidence that was presented improperly and while crossing clear boundaries will not be qualified retrospectively."
Shlomo Pilber, Archive, Photo: Dudi Vaknin
Advocate Nehemiah Assaf of the Federation for Arbitration said: "It seems that for a long time we have not seen such an unbearable gap between growing trends in human rights, and especially those being investigated by the authorities, both in police interrogation and on the witness stand in court, and in practice. "The practice that is exposed in all its ugliness these days, and if we thought that dark norms of receiving a confession of guilt and / or testimony by exercising physical force have passed from them, then even more severe norms came over us."
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