According to the indictment, the defendant transferred the funds to Ben-Eliezer, as a bribe, for actions carried out by Ben-Eliezer in connection with the drilling license at the Ashdod meter, knowing that in the course of his regular business he was in need and would need actions related to Ben-Eliezer's duties.
- In paragraphs 19 and 20 of the indictment, the prosecution referred to an alleged set of facts according to which Ben-Zaken received information that was not published to the public regarding the position of the members of the Petroleum Council who discussed the company's request ACC to transfer its rights under the license to an oil company. The prosecution attributes the vast majority of the actions to Ben-Zaken and Ayelet Azoulay, who were later convicted in relation to these actions. The indictment does not mention, and for good reason, that the actions taken by Ben-Zaken vis-à-vis Azoulay in that context were done with the defendant's knowledge or knowledge, except for receiving a copy of an email sent by one of the council members (Adv. Liron Mizrahi) to Azoulay, which was forwarded to Ben-Zaken, who allegedly forwarded a copy of the same email message sent by Mizrahi to the defendant dealing with changing her position in relation to the position she expressed at the council meeting. noting that it is seeking to approve the transfer of the rights in the drilling license from the ACC to an oil company.
Since these actions have evidentiary implications for some of the issues that I will discuss below, I have considered detailing what is stated in those sections of the indictment.
Thus sections 19-20 of the indictment:
"19. In accordance with Ben-Eliezer's aspiration to promote Shemen's affairs, Defendant 5 acted together with Defendant 4 in carrying out a series of actions that constitute a violation of rules applicable to a public servant, abuse and use of internal information that reached her due to her being a public servant, while acting in a conflict of interest and deviation from the norm, all for the purpose of promoting Shemen's interests, as follows: