Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 102

Based on this determination in the decision on the preliminary arguments, which attributes the offense to Fischer as one of the participants in the meeting who raised possible action scenarios in the event that the investigative officials in the Department for the Investigation of Police were able to penetrate his mobile phones and that of the State Witness, Adv. Perry argued in the hearing on December 8, 2024, that Fischer's accusation of Fourteen is tainted by selective enforcement not only in comparison to Malka (who was removed from the indictment as part of the amended indictment) but also in comparison to the other participants in the meeting mentioned earlier in the section 7 To the indictment: "This meeting was  attended by, inter alia, defendants 2, 3, A. and her counsel (hereinafter: 'the meeting')" (emphasis added).  Defining the meeting in this way requires the conclusion that everything described later in the indictment took place before the eyes of all the participants in it – that is to say: not only Fischer, the uncle of the State Committee, but also the counsel of the State Committee and other persons ("inter alia").  If you do not say yes, the indictment lacks any indication that Fischer was present at the meeting when the words attributed later in the indictment (sections 8-13) were played to David, the state's witness and Malka.  At the same time, the indictment does not attribute to Fischer any active act or concrete statement; This is in contrast to David, the state's witness and Malka, whose indictment describes in detail the words that were exchanged between them in order to disrupt the investigation.  The only time that Fischer is attributed in the indictment with making a statement during the meeting is not individually, but rather in the general reference in the aforementioned section 7 to the fact that "the participants in the meeting raised possible scenarios for action, to the extent that the penetration into the mobile devices was indeed successful."