Malka repeated his new version – which was later corroborated by the testimonies of his attorneys Carmeli and Bartal – in his supplementary cross-examination in court. In the hearing on September 7, 2022, Malka testified that even before the indictment was filed, negotiations were held in which he placed "The Burden" and the Department for the Investigation of Police "Wait"; Already at that stage, there was an oral agreement between him and Saada that he would confess to the suspicions and then sign a state witness agreement with him; And if Saada had violated the oral agreement and refused to sign the agreement after the indictment was filed, Malka would have retracted his confession in court and conducted a trial (pp. 21352-21353).
- The testimonies of Malka's lawyers, as well as Malka's own new version, which was first presented to the court nearly eight years after the trial began, turned the picture of the situation regarding Malka's factual and legal status as a witness who gave an incriminating version against Fischer and the other defendants. Indeed, even after the first round of Malka's testimony in court in 2018, it was possible to see a serious failure in the conduct of the Department for the Investigation of Police, which refrained from disclosing to the defense the existence of the memorandum of understanding signed by Saada and Adv. Bartal, which Spitzer gave to Malka prior to the beginning of the investigation on May 19, 2015; did not mention this document in the list of investigation material, even though it is a clear investigative material that the prosecution is obligated to make available to the defense for review (section 12(a) of the Attorney General's Directive No. 4.2201 'State Witness'); Claiming that she does not document negotiations with a candidate's attorney to be a state witness and that she provided the defense with all the material in her possession regarding the negotiations with Malka; and persisted in these failures even after the court decision was issued (in February 2018) that obligated it to locate the document and the documentation related to its editing. Indeed, the head of the investigation team, Scherzer, also confirmed in his testimony that "Of course, if you don't have this paper, it's a malfunction, there's no question at all. That shouldn't happen. It's a malfunction" (pp. 16131-16130); "This agreement is gone, I agree... I agree that it should be before you, I agree that it should not disappear from the investigation file" (16831-16830; See also pp. 16739-16738, 16964).
The problem is that in his testimony, Scherzer told only part of the truth, and denied facts that had been positively proven, in which the fundamental illegality lies in the reliance of the Department for the Investigation of Police on the statements collected by Malka prior to the filing of the indictment. In addition to admitting to the existence of a written agreement between Saada and Malka's counsel prior to the state's witness agreement of June 4, 2015, Scherzer consistently adhered to the claim that the said summary was drawn up only After The indictment was filed, and that until the indictment was filed (May 14, 2015), no negotiations had taken place between the Department for the Investigation of Police and Malka. In his words: "On the day Eran came on May 4th and began to cooperate, no one promised him anything and no one negotiated with him to be a state witness... We didn't want to get to a situation where Eran traps us in some kind of negotiation that stalls the investigation, absolutely not" (16126, 16131; and 16738, 16962-16959, 17344, 17365, 17549). Scherzer added that it was the State Attorney who forbade the Department for the Investigation of Police from conducting negotiations with Malka until the indictment was filed, following the lessons learned from the Rabbi Pinto affair (16131-16136), and that these facts are in Scherzer's personal knowledge by virtue of his position as the head of the investigation team, and given that "No one negotiates with someone about a state witness without the head of the investigation team knowing about it" (16127).