Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 66

Hearing this, the defense requested that during the cross-examination, an order be issued instructing the Department for the Investigation of Police to transfer the document in question for its review (p. 2378).  In this context, Fischer's counsel noted that Malka's version of the signed document that Spitzer presented to him is consistent with the visual documentation of the beginning of the said investigation on May 19, 2015, in which Malka was heard saying to Spitzer: "I really want to see the document...  He needs to see that I will be calmand Spitzer is seen leaving the interrogation room, returning with the document in his hands and handing it over to the queen who is reviewing it.  In response to this request, the plaintiff replied: "As part of one of the proceedings, the document was requested, I made an inquiry, I was told that there was no such document" (p. 2384).  The answer did not satisfy the court, which decided that when visual footage was presented in which the interrogator was seen handing over to the queen the document, the existence of which had previously been denied by the Department for the Investigation of Police, "My lady must go and find out where this paper is.", as well as to locate the documentation relating to the meetings that gave rise to the document (pp. 2384-2387).  This decision also did not help the Department for the Investigation of Police to locate the document and the documentation related to it.  Malka, on the other hand, continued to provide details about the document.  Thus, in his cross-examination on February 12, 2018, he said that the memorandum of understanding included a commitment by the Department for the Investigation of Police not to conduct any examination of the veracity of the information provided by him until a state-witness agreement was signed with him, and that after the previous evidentiary hearing, he called his lawyer, Attorney Ofer Bartal, in order to make sure that his memory of the document did not betray him.  Adv. Bartal confirmed in their conversation that "He also remembers it, he even remembered that it was yellow, and he remembered that he made it with Moshe [Saada] and he took the leaflet from the clerk" (p. 2611).