Second, in the aforementioned hearing on December 17, 2024, the accuser's counsel reviewed the main pieces of evidence that were available to the accuser prior to the filing of the indictment, with the aim of showing that at that time sufficient evidence was found in the investigation material for prosecution in the affair of the night meeting of both Fisher and Malka. As for Fisher, the evidence showed that he was present at the meeting; knew that it was taking place against the background of the Magistrate's Court's decision that had been sent earlier in the afternoon to counsel for the State's witness; asked the state's witness to come to his home and update his attorney and Malka on the decision; received instructions from David (his lawyer) on how to conduct the interrogation; Talk to Malka on the phone; and made a number of statements during the meeting, although "he hardly spoke... was quiet and withdrawn" and "most of the time he seemed disconnected" (pp. 25036-25031). The evidence regarding Malka showed that during the meeting he had telephone conversations with the state's witness, David Fischer; He asked to come to the meeting, but David told him not to come because of the fear of surveillance and wiretapping; He told David that he was preparing to remain silent during the interrogation, and David told him that she had instructed Fisher to remain silent during the interrogation as well and that the state witness would be instructed to behave differently in the interrogation, and that he (Malka) did not have to worry about the state witness because she (David) was handling it; During his conversation with David, the question of whether the state's witness would travel abroad also arose (ibid.). In light of this brief review, the accuser's counsel summarized the evidentiary picture that was correct at the time the indictment was filed:
"In our opinion, the evidence indicates that there was a basis for filing an indictment for obstruction of justice in the case of the two defendants, Fischer and Malka. That's what the accuser did. She filed an indictment against Fischer and Malka regarding the indictment of the night meeting... We think that it would be incorrect to begin examining the amount of evidence that the accuser had in the case of each of the defendants, and to assess the weight of that evidence. We think that the gap between the evidence is also irrelevant... We think that what arose in the statements of the witnesses is sufficient to settle the court's opinion on the evidentiary basis that the accuser had at that stage of the filing of the indictment" (p. 25035).