In the video: the former director of Netanyahu's office attacked in his testimony the prosecutor's office - which asked to declare him a hostile witness (Walla system!)
"Obviously, we wanted to finish the negotiations with Eran Malka before the indictment was filed in the Ronal Fisher case," said MK (Likud) and former deputy head of the Police Department Moshe Saada in the testimony he gave about two months ago in the case. of Shai (Shai Nitzan, BA) and the ombudsman (Yehuda Weinstein, BA). Today I understand how much of a mistake it was."
The testimony was given to the Competition Authority, as part of the completion of the investigation carried out in the case.
Saada, who was fired from his position at the National Prosecutor's Office in January 2022, often criticizes, sometimes harshly, the State Attorney's Office, and especially the previous State's Attorney Shai Nitzan. This week he submitted a bill to remove the Department of Police Investigation (Police Investigation) from the State Attorney's Office, and instead subordinate the department directly to the Ministry of Justice.
"There were things that were presented to the prosecutor's office about improper conduct, and the prosecutor's office prevented the investigation," Saada said in an interview with Channel 2 here.
"Shi Nitzan stopped talking."
Former deputy head of the National Security Service Moshe Saada (Photo: Reuven Castro)
This coming Sunday Saada will testify at the District Court in Jerusalem, before the Vice President of the Court Moshe Sobel, as part of the Ronal Fisher case.
The transcripts of the open testimony he gave at the Competition Authority are published here for the first time, and they also reveal the criticism that Saada frequently leveled against the prosecutor's office in general, and against Shai Nitzan in particular.
Evidence of this can be found in what Saada said regarding the negotiations with Eran Malka, the state's witness in the case: "There was a conversation that was interrupted by Shay Nitzan.
Uri Carmel (former director of the Ministry of Internal Affairs) led the discussion. Shai Nitzan stopped the conversation. This is an unprofessional and incorrect decision. We did not formulate a summary. The fact is that we sat for hours and hours later to close. On the contrary - we were told to stop everything. Nothing We are not allowed to talk."
It is important to note that from Saada's response to Walla, the conclusion that emerges is that the criticism he passed on Nitzan in this case is professional, and not personal, and one that was also said in real time, several years ago.
This is to distinguish it from political criticism that sometimes caused tension on the attorney's office.
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To the full article
Former State Attorney Shai Nitzan (Photo: Reuven Castro)
Saada gave his testimony as part of the completion of the investigation in the Ronal Fisher case, which was carried out after last September, the state's witness in the case, Eran Malka, claimed that Saada, in his position as deputy head of the Criminal Investigation Department, assured him that his law license would not be revoked. Malka said on the witness stand at the hearing in the District Court : "Moshe Saada said in my ears: 'It's my word, but I can't write it in the agreement as a witness to the state.'
" And was he promised that his law practice license would not be revoked. This without including this promise in the wording of the state witness agreement. The completion of the investigation was carried out by the Competition Authority, and not by the police. This is due to the fact that these are claims that pertain to the National Prosecutor's Office, and therefore it was decided to carry them out by an independent body, and independent of the prosecutor's office and in the police.
As part of the state witness agreement, which Malka signed with Mhash and Saada in 2015, he undertook to provide the prosecutor's office with substantiated information regarding the offenses committed by Ronal Fisher, attorney Ruth David and others involved in the case. He undertook to testify to those things in court. In exchange for this, the state undertook not to take financial measures against Malka, nor to prosecute him for his part in committing the new crimes, which were discovered following the information he provided. Malka was sentenced to seven years in prison, of which he actually served five years. He was released in 2019.
In his testimony at the Competition Authority, Saada was asked about promises made to the queen, in order to spur him to sign an agreement with the state.
He replied to competition authority investigator Sharon Shelag, who confronted him with the decision not to write in the state witness agreement the promise that the prosecutor's office would not object to Malka's early release, if he was entitled to it due to good behavior: "Everything was really coordinated with Shai Nitzan, who has the authority to approve. "Malka's fourth, Ofer Bartel, knew that what Shai did not confirm - does not exist, and therefore there is no legal value to the promise, if there was one, and there was none."
He claims that he was promised that his license would not be revoked.
State witness Eran Malka in the appeal against his sentence, May 9, 2016 (Photo: Noam Moskovitz)
Regarding Malka's claim, according to which he was promised that his law license would not be revoked, Saada was asked: "Eran says that you talked to him about not having his law license taken away. Did that happen?"
Saada replied: "It didn't happen, and I don't know about it. I don't remember my conversation with Ofer (Ofer Bartel, Malka's defense attorney, BA), or with him, about the license."
The competition authority investigator continued to check and asked: "Eran Malka claims He first raised the request through his lawyer at the time, Adi Carmeli, and later directly in front of you.
Your response?"
Saada replied: "It never happened.
The real and orderly negotiation was conducted in front of Attorney Ofer Bartel."
The investigator did not let up and asked: "Eran says that it was agreed upon, and you said in his ears that you cannot write it in your own words (that his law license will not be revoked, BA).' It is clear to you that it is impossible to write this, but I tell you, no one will oppose your release, and we will not ask the attorney's office
d to do nothing about you'.
Refer to the attorney's office. Did you say that?"
Saada denied: "a lie".
The current situation plays into the hands of the advocates who represent it.
Ronal Fisher (photo: Walla! NEWS system, Noam Moskovitz)
Saada was asked about another part of Eran Malka's testimony, who claimed that part of the pleasure he received from the police was to come to the interrogations in civilian clothes, not in prisoner's clothes. He was also asked about the fact that at the end of the interrogations they would go to Malka's house, so that he could visit the His children. Also in this answer Saada linked Shai Nitzan to his answer: "Everything in this case was sensitive.
Everything goes up.
Maybe Uri Carmel (former director of the National Security Agency), maybe someone above him gave the approval for these things. There was a conversation between Uri and Shay at an initial stage, and what interested Shay was the level of security that he would not escape. I don't know when to put on the timeline, but the things you mentioned Regarding the visits, they were not part of the negotiations for the state witness agreement.
It has been on the timeline for over seven years.
Shay insisted that we maintain proper security."
At the end of his testimony, Saada was asked again: "Are you unequivocally denying the matter of the law practice license?
Can you categorically rule out that there was no discussion about the parole committee"?
Saada replied: "I want to say unequivocally: He was not promised anything outside of this agreement, and Ofer (Ofer Bartel, BA) knew that I had no authority, but only what was written with Shai Nitzan's approval.
There was a conversation that raised many issues that went up and down.
I'm fooling that promised.
It may have come up, I'm not fooling around, but nothing and nothing was promised beyond what came up in the agreement." One
way or another, the current situation plays in favor of the defense attorneys who represent Fisher in the case, Adv. Avi Himi, Adv. Eli Perry and Adv. Moshe Weiss .
According to their claim, if State Committee Eran Malka is lying in court, then his words cannot be trusted in relation to the other things he testified about.
But if Malka is telling the truth, and there were promises that were not explicitly written in the state witness agreement, then the state deviated from the rules according to which the signed state witness agreement should exhaust all the benefits that the state witness receives in exchange for the information he provides.
Saada's credibility will be determined by the judge.
Former Attorney General Yehuda Weinstein (Photo: Tali Meyer)
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The state attorney's office said it would not comment.
MK Moshe Saada's spokesman told Walla: "Moshe in his testimony referred to Shai Nitzan's professional failure regarding the signing of the state witness agreement with Eran Malka.
A failure that naturally impaired the ability to investigate and manage the case in an optimal way."
Response of Shai Nitzan, former state attorney: "MK Moshe Saada, former deputy director of the Criminal Investigation Department, who was fired from his position, continues the baseless campaign of slander against former state attorney Shai Nitzan.
The agreement of the state witness with Eran Malka was approved by Nitzan, and the State Attorney's Office was given all the necessary backing in this regard. All decisions in this case were made for practical and professional considerations only."
Attorney Yehuda Weinstein, the former ombudsman, told Walla: "Mr. Saada is testifying in the process in question, and his credibility will therefore be determined by the judge hearing the matter. Beyond that, you are invited to contact the office of the ombudsman and receive their response."
Attorney Ofer Bartel, who represented Eran Malka said:
Attorney Yamima Abramovich, who currently represents Eran Malka, chose not to comment.
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