"To: Uri Carmel
By: Moshe Saada
Today I spoke with the defense attorney and asked for his permission to present the intelligence material provided by them as part of the dispute over a state witness settlement in the case. At first they refused and even asked for compensation in the form of release from detention, but in the end I was told by Attorney Dov Cohen that there was an agreement on their part, as a gesture on their part.
Moshe Saada."
It is difficult to overstate the importance of the memorandum in understanding the seriousness of the concealment of information by the Department for the Investigation of Police regarding the status and nature of the agreements that existed between it and Malka from the date it began cooperating with it on May 4, 2015 And even before the indictment was filed.
First, the memorandum supports the testimony of Attorneys Carmeli and Bartal regarding the negotiations that took place with Malka even before the indictment was filed; After all, the memorandum was written four days before the indictment was filed, and it already mentions a move that was advanced in the framework of the negotiations. At the same time, the memorandum points to the unreliability of the testimonies in court of Scherzer and Saada (prior to the disclosure of the memorandum and its presentation to him), according to which no negotiations were conducted with Malka prior to the filing of the indictment. Thus, in the main interrogation on January 15, 2023, Saada claimed that the answer he gave to Adv. Bartal, who urged him to conduct negotiations in order to reach an agreement, was a state witnessThis is not possible at the moment, but only after the indictment is filed." (21829). In his cross-examination of February 3, 2023, Sa'ada added that "Shai Nitzan braked and said that until the indictment is filed, there is nothing to talk about", and because of this "We didn't come to the negotiations."But only"To moderate... I can't give, I can only take" (22050-22054). The memorandum directly contradicts Sa'ada's testimony, since Sa'ada confirmed in his handwriting that he conducted the negotiations even before the indictment was filed, and not as he testified before the memo was discovered. Indeed, at the end of the day, after Saada was confronted with the memorandum, it is also appropriate to confirm that Malka began to cooperate in the investigation on May 4, 2015."So it is fitting that he gave [...] because he was promised that it was not used, and therefore he allowed himself to give" (23256).