In order to gauge the achievements of Netanyahu's defense lawyer's cross-examination of Arnon Milchan, it was enough to listen to prosecutor Liat Ben-Ari's statement yesterday in court: "Between the main interrogation and the cross-examination, significant gaps were discovered on quite a few points."
This is a litigant's admission of the problem he faces. Milchan said things and their opposite, and according to the prosecution, his new versions in court damage the indictment in Case 1000 – the case considered the strongest among its members 2000 and 4000.
Arnon Milchan and Sarah Netanyahu during a break in testimony
Milchan's most significant point was Netanyahu's free access to the highest office in Israel – prime minister, that is, Netanyahu himself. State witness Ari Haro, witness Hadas Klein and even Milchan himself spoke in his main testimony in court about his free access to the prime minister, and about Netanyahu's request to transfer calls from Milchan to him even if he was in closed hearings. "He has a prime minister at the push of a button," Klein said. The breach of allegiance cries out, and the "leaves" and "pinks" became bread on the surface of the water and earned Milchan the prime minister.
But when Milchan was confronted by attorney Amit Hadad, he made a U-turn. If until now it was thought that the favors, or perhaps the companies, had yielded accessibility, Milchan suddenly said that it was his security activity with the Mossad. Milchan confirmed that he would communicate only on political and security matters, and "only on matters that it is important for Bibi to know in real time, for the good of the country."
The ninth day of Milchan's testimony, photo: Mark Israel Salem
Ben-Ari told the judges that Milchan told the police something completely different: "In his confessions to the police, the witness said that he did not talk to the defendant about his security activity." Therefore, she argued that although there are many gaps in his versions, only at this point is she asking the court to prefer his version in the police over the one in court. The judges rejected the request, and with the consent of the defense attorney, allowed all the transcripts of Milchan's interrogations to be submitted for their review, without being used as evidence.
If, under normal circumstances, the prosecution aspires to prove the credibility of the prosecution witnesses, after Milchan has already confirmed what was requested by the defense attorney, the tables are reversed. In the prosecution's re-examination tomorrow, Ben-Ari will try to attack the prosecution witness and persuade the court to carry out a "plaginan dibra" – to believe his incriminating statements, and there were some, and to cast doubt on those who exonerate.
Prosecutor Liat Ben Ari, Photo: Jonathan Zindel/Flash90
In the end, there is no kidney and heart examiner, and there is no certainty in the judges' assessment of the witness and the evidence. And after the prosecution's distress, Milchan also leaves Netanyahu with problems that he may have already lost the opportunity to overcome. In Case 1000, Hadas Klein repeated that all the boxes of cigars in the basement were transferred and intended for Netanyahu, except for a few that were opened for guests. In the 2000 case, he said that the Netanyahu couple asked him to intervene and broker a deal with Noni Mozes, and even when Haddad pressed that Netanyahu and Mozes did not believe each other and in the end no deal was made, Milchan replied, "But they tried."
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