- On the basis of the above, I saw fit to order the acquittal of defendant 3 of the offenses attributed to him in the indictment.
- On the basis of an analysis of the facts that were proven in the framework of the first indictment, I considered that defendant 2 should be convicted of the offenses attributed to him – bribery and the prohibition of money laundering.
On the basis of an analysis of the facts that were proven in the framework of the second indictment, I saw fit to order the complete acquittal of defendant 3 of the offenses attributed to him – bribery and prohibition of money laundering.
Two final notes before lockdown:
Defendant 3 was acquitted on the grounds that his version was proven to be true, and it was determined that he did not commit any offense by giving the loan to Ben-Eliezer. The fact that this conclusion arose from all the evidence justified, in my opinion, not discussing the legal and operative implications of the conduct of the police investigators and State Attorney's officials in all matters relating to his first police interrogation. Still, it is important that the main points of the conduct be brought to the attention of the relevant parties in order to draw the appropriate lessons and that such conduct will not be repeated.
There should be no dispute that even after Ben-Eliezer's death close to the beginning of the legal proceedings, the public interest justified the continued investigation of the claims presented in relation to the other defendants. At the same time, it should be remembered that Ben-Eliezer's version was not heard during the trial, and alongside the factual findings that were determined with the necessary care in light of the unique situation that was created, Ben-Eliezer, throughout his long years in the army and in public service, also accumulated rights.
The right to appeal a lawsuit in the case of Defendant 3 within 45 days.
Notice was given today, August 28, 2019, in the presence of the parties.