From the aforesaid, it emerges, and there is no dispute about this, that the personal relationship between the defendant and Ben-Eliezer began in 2008, against the background of Ben-Eliezer's requests for assistance in the interests of the State of Israel, their joint meetings abroad, and shortly after the dates of the meetings with Gazprom and Suker.
The second time station – the defendant's alleged intention to profit from a potential transaction between the State of Israel and Gazprom as early as 2008, and close to the beginning of the relationship
The Controversy
- Although there is no dispute that no transaction was entered into between the State of Israel and Gazprom, the parties disagree as to whether the defendant intended to profit from that potential transaction, and this fact could have implications, prima facie, for understanding the nature of the relationship that was forged between him and Ben-Eliezer.
Summary of the parties' arguments
- According to the prosecution, the defendant hoped that the State of Israel would enter into a contract with Gazprom for the supply of gas, and planned, through the Manofim company, which he owns, to provide ancillary services to the gas transaction (hereinafter – The accompanying transaction).
The prosecution bases the aforesaid argument on the following evidence: (a) Two copies in different languages of a draft contract dated June 20, 2008, which was found in the folder "Avraham Nanikashvili" on the server of Manofim Company (P/20 and P/21, hereinafter - Draft Ancillary Employment Contract. The contract states that: "Russia and Israel are in the initial stage of examining a project to supply 4 to 6 billion cubic meters of gas from Russia to Israel (hereinafter – the "Project") through a Russian-Israeli gas pipeline (hereinafter – the "Gas Pipeline"), provided that the transmission capacity will also allow additional volumes of gas to the territories of Jordan, the Palestinian Authority and Egypt"; (b) The parties to the draft accompanying employment contract are Manofim and a Russian company called VNIIST (hereinafter – Vanist Company) defined as "a leading Russian company with extensive experience in the planning, construction, utilization, diagnosis and repair of various fuel and energy facilities, including gas transmission pipelines"; (c) Summary document of the meeting with Gazprom, which was prepared by a representative of the Ministry of Infrastructures, Michael Brodetsky, who was also located in the same location on the Manofim server (P/19, hereinafter – First Meeting Summary Document); (d) A document that appears to be the minutes of the meeting with Gazprom that was also located in the same location on the Manofim server (P/22, hereinafter – Second Meeting Summary Document).