The defense did not let up its attempts to obtain the document for its review, or at least to provide additional details about it. The issue continued to come up on various occasions in the continuation of Malka's cross-examination; It even gained momentum when another prosecution witness, Ayalon Machluf, claimed in his testimony that before he submitted his incriminating version against Fischer at the Department for the Investigation of Police in July 2014, Saada had signed a state witness agreement with him (pp. 7158, 7169, 7203-7202, 7666-7665, 8076-8071). The problem is that this agreement was also not given to the defense for review, and its existence was denied by the Department for the Investigation of Police, even though this is a material fact testified to by those whose version was used by the Department for the Investigation of Police itself to establish an entire indictment against Fischer (the "Ayalon Machluf Affair"). The defense, for its part, saw this version of Machluf as another link in the thread connecting many events that arose during the testimonies in court – the highlight of which was the document of understanding with Malka – in which fundamental and critical documents for the defense of the defendants were hidden from the defense attorneys and were not forwarded for their examination even after their existence was discovered in the cross-examinations of the prosecution's witnesses (see, for example, pp. 7197-7198). Therefore, attempts to understand the meaning of the disappearance of the memorandum of understanding from the investigation file continued during the cross-examinations of the Department for the Investigation of Police, including Spitzer, who handed the document to Malka with his own hands, telling him: "This is the source" (pp. 13813-13811, 13878, 13906-13899); head of the investigation team, Scherzer (16131-16130, 16739-16738, 16831-16830, 16964); and his deputy, Cell Shema (8009-7998). These repeated attempts were fruitless, and apart from prolonging the hearings, they did not contribute much, except for the recognition that the absence of the document in the hands of the investigating authority and the absence of its mention in the list of investigative material constituted improper conduct.
- The truth was revealed only in the second half of 2022, seven and a half years after the indictment was filed. As noted, following Malka's testimony in the Bar Association's disciplinary court, the prosecution decided to complete another investigation into the case. Following the completion of the investigation, Malka's defense attorneys, Attorney Adi Carmeli and Attorney Ofer Bartal, testified before me. These testimonies, which were joined by Malka's testimony in the Disciplinary Court and in a supplementary cross-examination in the present proceeding, completely contradicted the version presented by the Department for the Investigation of Police up to that point throughout the years of the trial, according to which all of Malka's incriminating statements at the stage prior to the filing of the indictment were given without any consideration and before negotiations for a state-witness agreement with him began.
- Adv. Adi Carmeli testified on December 26, 2022, that the negotiations between him and Saada took place in parallel with Malka's interrogations, and that "Negotiation as you negotiate" (p. 21694). According to him, in the course of the negotiations, Saada showed interest in most of the information that Malka had, and this information was provided by Malka in accordance with accepted practice:
"There's a practice, sir, how to do these things. Things that are given during negotiations are under obligation, even if they are given in testimony, that the State Attorney's Office examines them, and even if they do, they cannot be used afterwards, and even [if] they do not mature at the end of an agreement, they are not used... The rationale is that you want to say what you have, what you can help advance the investigation so that they will give you the protection of a state witness" (p. 21695).