After examining the claim regarding the existence of economic interests that accompanied the relationship throughout the various stages of time, I will examine the nature and strength of the personal relationship that was forged between the two, and then I will discuss the conclusion reached regarding the nature of the relationship, and the possible goals that underpinned the transfer of money.
(b) As part of the "external" evidentiary indications relevant to the examination of the "target", I will discuss the following data:
(a) The date of the transfer of the money and the proximity to various events, including the deterioration of Ben-Eliezer's medical condition; (b) the amount transferred; (c) The nature of the loan agreement; (d) the manner of transferring the money; (e) the fact that the money was not returned until the investigation was opened; (f) The nature and social and economic conduct of the accused.
- After reviewing the economic interests within the framework of the "different time stations", and the external evidentiary indications, I will contrast the two opposing theses with each other, and examine whether one of them can be clearly preferred, or whether we are dealing with a situation of a "combined" goal, which, as detailed above, has been recognized in case law as an improper goal.
- The nature of the relationship that existed between the defendant and Ben-Eliezer as such that it can teach us about the purpose underlying the transfer of the money
As mentioned above, I will examine the nature of the relationship while walking through five time stations.
The first time station - outlines of the defendant's character, the date and manner in which the relationship with Ben-Eliezer began.
About the Defendant
- The defendant was born in 1960 in the town of Kulaşi, Georgia (today Georgia), and immigrated to Israel with his family at the age of 11. The family was housed in Shikun Dalet in Be'er Sheva, and the defendant began studying at the Beit Ya'akov religious school, and later in a yeshiva. A few years later, the family moved to Or Yehuda, where the defendant attended high school, while assisting his father in his work as a photographer, throughout his high school years. The defendant's mother also helped provide for the family, and worked as a cook's assistant. In the 11th grade, the defendant decided that it was more important for him to help support the family, and began working in the garage as an engine washer, and later as an engraver in the aerospace industry and in a textile factory. At the age of 17.5, and while working in the textile factory, the defendant got married, and shortly thereafter, he began to study the field of diamonds, and then enlisted in the army. The defendant served full military service, during which his eldest daughter was born – an event that could have allowed him to be discharged from the army, but the defendant chose, as stated, to complete his military service. The driver's license issued by the IDF was funded by the IDF, after the defendant excelled in his military service. After completing his service, and in a decision made by the extended family, the family moved to Ashdod, and the defendant offered himself a job at a bank, despite the fact that he did not finish high school. The defendant described how he passed the various tests, and began working as a barber for two years. During his work, the defendant met Ephraim Gur, who ran an insurance agency, and was a customer of the bank branch where he worked. Between the two, some of whom share the same origin and age, a close friendship was formed. The same friendship, which was joined by other young people of Georgian origin, gave rise to an initiative for political competition at the local level, following which the list won a number of seats in the Ashdod City Council elections, and Ephraim Gur was appointed acting mayor. Following the appointment, Ephraim Gur approached the defendant and offered him to "step into his shoes" and purchase part of the insurance agency, where Ben-Zaken's mother was employed as a secretary, and this is what happened. At the same time as he began working at the insurance agency, the defendant, together with Ephraim Gur, began volunteer public activity in the city of Ashdod, in the framework of which he organized and initiated many activities for Georgian immigrants, and invited Georgian immigrants from around the world to those activities. This voluntary public activity led to the creation of various contacts both with local elements in the field of culture and with various elements in the Georgian authorities, whom the defendant met as part of delegations of Jews of Georgian descent.
The defendant stated as follows: