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Criminal Case (Jerusalem) 28759-05-15 State of Israel v. Eran Malka - part 83

January 13, 2026
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Only in November 2021 did the prosecution finish transmitting to the defense the tables summarizing all the products produced during the years of conducting the aforementioned hearings according to the Article 108 (21746-21744). The problem is that this did not end the never-ending saga regarding the materials, since it remained to discuss the request filed by the state on October 14, 2018, which contradicts the original position of the Department for the Investigation of Police (which, as we recall, gave rise to all the unnecessary and never-ending litigation), when this time it was claimed that the state wishes to submit as evidence the defendants' duty "Relevant messages that were produced from the mobile phone of the witness Eran Malka during the proceeding under section 108 of theKindness".  This request also gave rise to lengthy discussions, until in a hearing held on April 13, 2022, the parties reached an agreement on the matter, which received the force of a decision (21056-21049).

  1. The issue of the dump files is an extreme example of the way in which the Department for the Investigation of Police (which, at the stage when the controversy arose, continued to be the party that managed the case before me). Instead of admitting to the mistake that it did not disclose the existence of the files to the defense and acting in a manner that would ensure that the defendants' attorney would receive the relevant material in the shortest possible time, in order to enable the case to be advanced, the department piled up many unnecessary difficulties and conducted idle hearings, which consumed a considerable amount of time that could have been used to hear and advance the case.  All this, when half of the period in question Fischer was detained in electronic handcuffs, and the importance of advancing the hearing of the evidence was especially great at the time; And for the remaining half, Fischer was under house arrest.

And if that were not enough, after the Department for the Investigation of Police strongly claimed that the contents of the 'dump' files were not investigative material, from the moment the process of sorting and filtering the files was carried out in cooperation with the defense, the prosecution itself sought to submit documents from these files, claiming that it was relevant material to prove the guilt of the defendants – and any additional word was superfluous.

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