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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 121

January 13, 2026
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Conclusion

  1. In a recent Supreme Court judgment regarding this proceeding (Other Criminal Appeal 30277-11-25 Malka v. Drucker (November 24, 2025)), the accuser's counsel was quoted regarding the reasons that led the state to reach a plea bargain with Fischer, and the court noted that "At this point, there is not and cannot be disputed that there is a large and disturbing gap between the beginning of the case and its end, to say the least" (paragraph 16). As to the public interest in clarifying the events that took place in connection with the proceeding, it was stated there (paragraph 49):

"It is difficult, in my opinion, to disagree that we are dealing with a matter of public importance of the highest order.  The first aspect of the public interest concerns the fact that the affair included very serious charges against officials who held significant positions in the law enforcement system.  The second and main aspect concerns the manner in which the case reaches its conclusion in relation to Fischer, after more than a decade, in a plea bargain in which most of the charges attributed to him were dropped.  This termination, as may be recalled, was described by the accuser's counsel herself, as related to very significant 'difficulties and flaws' that were discovered during the course of the proceeding.  Therefore, there is public importance of the highest order that the public be able to examine the conduct of the law enforcement system in this affair."

Indeed, this sentence concludes the hearing in Fischer's individual case, but it does not conclude the continuation of the discussion and clarification required by what was revealed in the case regarding the conduct of the investigation, the recruitment of state witnesses, the disclosure and transfer of the investigation materials to the defense, and the guarantee of the defendants' right to defend themselves and conduct a fair trial.  It seems that if it were not for the fundamental flaws that occurred in all these aspects, it would have been possible to reach a different result, which would have spared Fisher and his family from legal torture even given his obligation to be held accountable for the offenses he committed, and at the same time greatly reduced the judicial and public resources required to manage the case on its enormous scale.  This includes the redundancy of the hearings on an unprecedented scale regarding the investigative materials and the failures of the interrogation that have emerged one after the other and have not ceased to appear.

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