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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 78

January 13, 2026
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In Malka's supplementary cross-examination on September 7, 2022, he reiterated his statement in his testimony in the Disciplinary Court from the day that Sa'ada had verbally promised him a number of favors, but told him that he could not put the promise in writing (21372-21371).  According to him, the benefits are that the prosecution will not demand his detention until the end of the proceedings (a promise that he says has been violated); that the prosecution would not object to his early release by one-third (a promise that he said had been kept); that the prosecution would not act to revoke his license to practice law after his release from prison (a promise that he said had been violated) (21359, 21362, 21399).  In addition, he was promised general benefits, such as that he would come to testify in court without a prisoner's uniform, and that he would be able to meet his family at his home on the way back from court to prison after the days of his testimony, and more (21365-21366).

About a week after Malka's testimony, on September 15, 2022, the prosecution made an unusual decision to complete the investigation, following which the prosecution requested to halt the trial until the completion of the completion process (21415-21416).  As already stated, the completion of the investigation was conducted by the Competition Authority.  During the meeting, notices were collected, among others, from a restaurant, from Adv. Carmeli and Adv. Bartal.  The indictment was amended by adding the interrogees as additional prosecution witnesses (with the exception of Saada and investigator Guy Asher, who had already appeared in the indictment as prosecution witnesses in other matters).

After the completion of the investigation, on December 12, 2022, Malka's supplementary testimony in court continued.  He clarified that Saada's promise "Don't touch them" His law license was in the offices of the Department for the Investigation of Police in Tel Aviv on the same day that negotiations were held for the signing of the state's witness agreement, and that the discussion on this matter arose at the end of the day in the hours of darkness (21557).  He also noted that there was a situation in the hallway in which Saada told him "Don't worry, you'll be released...  That's the situation" (21571). At the end of the hearing, the prosecution in the matter of the promise of oral benefits confirmed that "It may be that in the end when I hear all the witnesses I will say I don't know what happened" (21586).

  1. Malka's version of events regarding Saada's oral promise to refrain from opposing Malka's release in a third was confirmed by Adv. Bartal both in his interrogation at the Competition Authority on November 3, 2022, and in his testimony of January 9, 2023.  According to him, the issue of Malka's early release came up in the last stage before the signing of the state's witness agreement; Bartal wanted to draft an agreement in principle (21768-21769) and that by not objecting to Malka's early release, "They repaid the bill" (21779). Yes, he said he saw the early release "As one of the changes" and asked a restaurant to record this matter in the agreement (21781-21780).  Bartal also confirmed his statement to the Competition Authority that Saada said that the promise of early release is conditional, among other things, on Malka's testimony in court.If he gives the goods then he will receive [The Promise] For early release" (21781). Another benefit that was not included in the agreement of the state's witness, according to the witness, is that Malka asked to come to the court in a patrol car and not by post, and in relation to this demand Sa'ada gave a promise that the demand would be met.If possible" (21784-21783). As for the law license, Adv. Bartal noted that the issue was important to Malka, but he does not recall hearing a restaurant statement that they would not touch Malka's law license.But...  I remember, for example, that there was a statement about the third or about the early release, I remember that there was a statement about the white cars on a white car and not a post, about the issue of the license I remember that we talked I don't remember there was a statement" (21784).

In his main interrogation on January 15, 2023, Saada denied Adv. Bartal's statements regarding the benefits he had orally promised to the queen, and claimed that although "There was a long conversation like any agreement...  Everything here in the agreement is what was agreed upon."And the word of the promise of favors by him"There never was and never was created" (21833). He went on to add that he had no authority to guarantee anything because he was not the approving body (21841) and that "There was no promise beyond what is written here.  Was there talk? There were a lot" (21842). Concretely to the promise of early release in a third, Sa'ada argued: "This is what was agreed, this is what was and there is no other...  I don't think I was ever approached to agree to a third or not to agree to a third, I was not involved in such a process...  If he's okay, he'll get it, and if he's not okay, he'll not get it...  I am not the one who makes the decision on this matter" (21835-21834).

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