Hostile public atmosphere
- In the case of former President Moshe Katzav, it was held that "A 'field trial' is liable to create a bias in public opinion against those whose cases are pending investigations by the police, and those whose cases are pending in court, and may also influence the court. 'Field trial' is liable to crudely trample on a person's right to a fair trial" (Criminal Appeal 3372/11 Katzav v. State of Israel, paragraph 391 (10.11.2011)). It also states that "The publications in the appellant's case did not give any rest... Their scope, frequency, intensity and severity, as mentioned, are liable to be perceived as transferring the legal discussion to the media arena, and this phenomenon is very dangerous" (paragraph 394). In that case, there was no dispute that the "field trial" held for the defendant in the media constituted a reason for reducing his sentence (although the minority opinion in the District Court sought to be more lenient with him due to the extensive scope of media publications; the main discussion in the Supreme Court was on the question of whether it was appropriate to cancel the indictment on the grounds of protection from justice, and not to see it as a reason for a reduction in the sentence; see also High Court of Justice 5699/07 Anonymous (A) v. Attorney General, paragraph 69 of the judgment of Justice Levy (June 26, 2008)).
This approach applies to our case as well. As indicated by the evidence of Fischer's sentence, the scope and content of the publications since the outbreak of the affair has broken records; He caused him, his wife and children to suffer because of his fears; and led to his trial in the media before his sentence was handed down by the judicial system. Things got so far that a video of a search conducted by investigators from the Department for the Investigation of Police in the couple's bedroom was broadcast on television that evening, while Fisher was in custody. And this is only one of many examples of the intrusive and hostile media preoccupation that Fischer received throughout the years of the proceeding. All of this, and the damage they caused to Fischer and his family, must therefore be given practical expression in the reduction of the sentence (see Criminal Appeal 347/75 Hirsch v. State of IsraelIsrSC 30(3) 197, 199 (1976); Criminal Case (Jerusalem District) 305/93 State of Israel v. Deri, paragraph 7 (April 15, 1999); Criminal Case (Tel Aviv District) 40450/99 State of Israel v. Nimrodi, paragraphs 16-17 (October 24, 2001); Criminal Case (Central District) 36669-07-14 State of Israel v. Grenowitz, paras. 67-70 (November 5, 2018)).