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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 22

January 13, 2026
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Regarding the state's witnesses, the defense also noted the incident that took place on the first day of the state's testimony in court (December 22, 2016).  Prior to the beginning of the testimony, the prosecution requested a closed-door hearing on the matter "Transmission of the record of the witness interview of the state's witness that was conducted with us is transferred to her testimony", when the request was that the transfer of the record be done through the court, which would instruct the defense not to transfer the document further (p. 163).  According to the defense, the said document (N200/2) has nothing to do with the interview of a witness; It is not conducted in the same way as witness interviews are recorded (does not bear the date, signature, and format of an official document); The only things recorded in it deal with personal matters that are not mentioned afterwards at any stage of the testimony's interrogation in court; And the entire document is an unacceptable attempt to blackmail Fischer through ugly and false content, so that he will be afraid and deterred from conducting the trial when he understands what the Department for the Investigation of Police knows and can publish about him.

Concealment of investigative materials and failure to comply with judicial decisions - Attorney Perry claimed that the Department for the Investigation of Police had concealed from the defense for years many critical investigative materials, including "dump" files that contained the contents of Malka's mobile phones, the State Committee, and the contents of Malka's "Alfonio 7" email box.  Even after a number of decisions by the Supreme Court and this court ordering the transfer of the materials to the defense (in a decision of June 21, 2017, the court even warned that if the prosecution did not remove the omissions, the indictment would be considered for cancellation), only some of the materials were actually transferred to the defense, and a correspondence by Malka was concealed that exposes substantial lies in his version and refutes claims that found their place in the indictment.  At the end of 2019, it was discovered for the first time that in 2016, while the case was already being conducted in court, the Department for the Investigation of Police completed an investigation in which 'dump' files were created to which the contents of the mobile phones of Yosef and Aviv Nahmias, defendants 6-7, were copied.  This is without informing either the court or the defense.  The defense was forced to act as an offensive defense, initiate many investigative actions, invest hundreds of hours in the process of sorting and filtering the digital materials that took place in court in parallel with the hearing of the evidence, and carry out elementary search operations in place of the investigative unit that it was required to carry out even before the indictment was filed.

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