Second Event - 'The Alon Hassan Affair'
- Early planning, sophistication, Fischer's relative role and the degree of Malka's influence - The fourth indictment begins with the fact that Malka unlawfully leaked to Fischer the information regarding the undercover investigation being conducted at Lahav 433 against Hassan, and in the process informed Fischer that Hassan would be interrogated on suspicion of criminal offenses; that he (Malka) is going to take responsibility for the open investigation; that Hassan is also expected to be interrogated regarding the "Mishuk Affair" and the "Arbitration Affair"; and that these affairs are expected to be shelved without Hassan being prosecuted for them, in accordance with Malka's recommendation to the State Attorney's Office (sections 4-5). Here, too, as in the first indictment, there is no allegation that Fischer contacted Malka in advance in order to coax him to provide Fisher with police information about Hassan's case. Moreover, unlike the first indictment regarding Biton, the fourth indictment does not even mention Fischer's appeal to Malka for general help for Hassan. The fourth indictment opens with Malka's appeal to Fischer. The next appeal mentioned in Malka's indictment to the state's witness, regarding the date of the "breakout" and Hassan's planned arrest on May 27, 2014 (section 7), is also described as an application initiated by Malka without Fischer's request to him. Similarly, Malka's next letter to Fischer on June 19, 2014, in which he reported to him about the two interrogations conducted to Hassan on the same day (section 14); and Malka's leak to Fischer and the state's witness regarding the intention to summon Hassan's daughter for interrogation (section 18).
On the other hand, the dominant factor in the bribe offer that Fischer presented to Hassan in their meeting described in section 6 of the fourth indictment (a meeting that took place beginning in February 2014 on a date that is not known exactly) was Fischer: Fischer was the one who summoned Hassan to a meeting in his office; offered to pay Hassan a sum of money, which was not specified, in exchange for Fisher making sure that the investigation against Hassan did not ripe; and told Hassan that he would make sure to transfer the money to the parties involved in the investigation, and they "They will kill the affair". The facts of the amended indictment do not indicate that the Queen had any involvement in this proposal. These circumstances act in Fischer's favor with respect to the first meeting.
- The accuser sees the bribe offer made by Fisher at the first meeting as the first layer of a planned, sophisticated, manipulative and multi-stage move, which Fisher conceived with Hassan in order to motivate him to pay the bribes, while demonstrating Fisher's proficiency in the secrets of the investigation and the extreme exploitation of the distress and dependence on which Hassan was subjected. I do not believe that this conclusion arises from the facts of the amended indictment (which, as stated, alone can the circumstances connected with the commission of the offense be deduced):
First, the next meeting between Fischer and Hassan took place only on June 1, 2014 (section 10 of the fourth charge). Since the accuser does not know the exact date of the first meeting between the two, and given that this meeting took place following the information Malka gave to Fischer during the month of February 2014 (paragraphs 5-6), it can be assumed in Fischer's favor that his first meeting with Hassan also took place in February, about four months before their second meeting. The distance of time in itself weakens the connection between the meetings to a planned sequence.