Fourth indictment ('The Alon Hassan Affair') – attempted bribery under section 25 and section 295(a) of the law; obstruction of justice under section 244 of the law.
Fourteenth Charge ('The Night Meeting Affair') – Obstruction of Justice under Section 244 of the Law.
First indictment ('The Yair Biton Affair')
- During 2012, the National Unit for the Investigation of International Serious Crimes conducted an undercover investigation into the "Ma'aseh Nissim" affair, which dealt with the connection between Yitzhak Abergil and elements on his behalf and the B company. Yair and the company's controlling shareholder, Biton. Malka, who at the time served as a team leader in the National Unit for Combating Economic Crime (YALC), joined the investigation team of the "Ma'aseh Nissim" affair in 2012 as a professional advisory body, and was exposed to all the investigative materials collected. In 2013, the investigation collected evidence that allegedly formed suspicions of Biton's involvement with Abergil and his associates in criminal acts. Fischer and Ruth David were friends with Biton. Fischer also served as Biton's attorney.
Malka, Fischer and David worked to disrupt the investigation of the "Ma'ase Nissim" affair in a number of ways:
- Biton's briefing ahead of the interrogation using classified materialsDuring 2013, Fischer approached Malka, asked him to help him help Biton, and emphasized that he was his friend. In late 2013 or early 2014, Malka arrived at Fischer's office and handed Fischer and the state witness (who served as Fischer's secretary and personal assistant) an official Israel Police document containing materials from the undercover investigation into Biton's case. These materials included, among other things, questions that were planned to be thrown at Biton during the open interrogation stage. Malka and Fischer analyzed the materials and discussed their legal implications. Shortly after Malka left the office, Biton arrived, and Fischer spoke with him about the classified materials and instructed him on the matter.
Later, on March 27, 2014, when Biton was abroad, Fischer and David held a meeting in their office in which they prepared for Biton's briefing ahead of the future interrogation, and discussed the classified material that Malka had provided, knowing that it was classified material that had been obtained illegally. In addition, Fischer and David sorted the classified materials in order to select the materials that would be taken abroad for Biton's briefing. Fischer and David flew to Budapest, where Biton was staying. During the flight, David carried an envelope containing the classified materials, at the request of Fischer and the State Committee because she was a "safe courier". During their stay in Budapest, Fischer and David worked to prepare Biton for his expected interrogation, and in this framework classified information was revealed to him. During that stay, Fischer called the Queen via the Viber app (which they used to use as a subram that could not be monitored and listened to); asked him for clarifications regarding the classified materials; And Malka gave him the necessary clarifications. Upon their return to Israel, Fischer and David handed the envelope to the state's witness, who encrypted it in her yard at their request.