Attorney Carmeli ceased to represent Malka a few days after the indictment was filed, and on May 26, 2015 at the latest (as stated in the notice submitted to the court at that time). Before Malka gave his first statement on the evening of May 19, 2015, after the indictment was filed, he consulted with Attorney Ofer Bartal and not with Attorney Carmeli (paras. 34-35 of the written statement; see also the transcript of the interrogation in which Malka says after consulting with Attorney Bartal: "I asked Ofer to speak with Moshe as well"). It is therefore natural that the center of gravity – if not all – in the testimony of Adv. Carmeli revolved around the interrogation days leading up to the filing of the indictment.
- Adv. Bartal's testimony on January 9, 2023 expanded and corroborated the matter. Adv. Bartal testified that not only did the negotiations take place between him and the Department for the Investigation of Police, and especially with Saada, in parallel with Malka's version before the indictment was filed, but Malka moved from the stage of denying the suspicions attributed to him (as he has been doing since his arrest on April 29, 2015) to the stage of cooperating with his interrogators and delivering his incriminating statements (which he began on May 4, 2015) only after a document was drawn up and signed between Adv. Bartal and Saada. According to which Malka's version is given under confidentiality of use and only so that the Department for the Investigation of Police can examine and consider the possibility of entering into a state-witness agreement with him:
"I remember the first time, I mean how I came back from the United States and Eran said to me, Ofer I mean to talk, so I went in to Moshe Saada right after I met with Eran and I told him, I mean, we made a clean-up testimony out of what Eran is about to say that it will be a cleanliness testimony, and then I drafted, I took yellow paper or something that was put in the plaintiffs by virtue of different laws and I think I drafted the usual wording that is done in such a case. If there is no agreement as a result of this testimony, then this testimony will not act against Eran... I didn't get a copy. It seems to me to be staying with one of the clerks outside Moshe Saada and Uri's room [Carmel, a director of lawsuits under various laws at the time]... It wasn't a state-witness agreement, it was an agreement for a cleaning testimony... As far as I remember, it was written something like this testimony that as long as it is decided not to reach an agreement with a state witness following which this testimony with Eran will not be able to use it against him" (pp. 21765-21764).