There is no dispute that the defendant was the one who approached Ben-Eliezer in order to summon the meeting, against the background of the aforesaid and with the knowledge that Ben-Eliezer had excellent connections with various elements in Egypt.
There is no dispute that following the meeting, Ben-Eliezer approached the Egyptian consul, who arranged for the granting of visas to B&E (testimony of Eskin, Prov. p. 83, s. 5).
- The dispute in the context of the aforementioned focuses on the question of the number of visas granted to B&E, and the relevant timetables in which they were granted.
After examining the arguments of the parties, it appears that the prosecution succeeded in proving, with the required level of certainty, that Ben-Eliezer assisted in the issuance of the visas twice, the first time in 2007 after July (in accordance with Eskin's testimony), and the second time in 2008 (in accordance with the testimony of Binyamin Even-Tzur, who began working at B&E in 2008 – P/247; P/247A).
When I said this, I said that the prosecution had not been able to prove what was stated in the indictment, namely that Ben-Eliezer had assisted in granting the visas until 2011, and it seems that this conclusion is also consistent with the prosecutor's statements during the defendant's cross-examination, which constitutes, in practice, a retraction from what is alleged in the indictment.
The plaintiff noted as follows:
"... We say what is currently in front of the court, and these are the things that at some point in 2007 Fouad turned when you met with Yaoz (Iskin - B.S.) And that sometime in 2008 or 2009 there was another intervention by Fouad. This is what we know from Izoz Eskin and Binyamin Zeev Even Tzur and Dan Danieli and this is what shows that the applications were until 2009 Maybe it was two times, maybe three times" (Prov. p. 1461, s. 3).
I will say the obvious – it is not possible to deduce from reading passports that include indications regarding visas and refusals (such as Dan Danieli's passport) about the identity of the party who assisted – if he assisted – in obtaining the visas, certainly when according to all the testimonies many parties were contacted, and sometimes the visas were received even without the need for requests for help.