In the decision given on these claims on November 20, 2016, I refrained from deciding before hearing the evidence on the claim of selective enforcement, as well as on the accuser's claim that the indictment reveals that Fischer committed a joint obstruction offense together with David due to his very presence at the meeting at his home without preventing David from making her statements during the meeting to the state's witness and Malka, which were intended to disrupt the investigation. Despite the fact that the accuser's claim was left undecided, I decided at that stage to reject Fischer's argument that the indictment did not reveal an offense against him, for the following reason:
"In the fourteenth indictment, the defendant is charged with one offense of obstruction of justice due to the totality of the facts described therein. One of those facts, presented in paragraph 7 of the indictment, is that "the participants of the meeting [including the defendant] raised possible scenarios for action, to the extent that the penetration of mobile devices was indeed successful." The inclusion of this fact in the indictment is sufficient to reject the defendant's preliminary argument, since it is necessary to first ascertain, in the course of hearing the evidence, what are the possible scenarios raised by the defendant. Therefore, it cannot be said at this stage that the facts of the fourteen indictments do not reveal (one) offense of obstruction of justice in relation to the defendant" (paragraph 73 of the decision; emphases in the original).
It is clear that the reliance on section 7 of the fourteenth indictment as a source of offense in this indictment against Fischer is even more necessary now that it has been found that the thesis presented at the time by the accuser in her reply to the preliminary arguments regarding the basis of Fisher's responsibility for David's statements (including the imposition of a duty to act on Fischer to stop these statements) should not be accepted as David's agent for the matter of legal representation in the investigation.