Alongside accepting the prosecution's factual position, I am of the opinion that it is difficult to accept its conclusion, according to which the defendant's intention to derive economic profit from that potential transaction should be viewed as a significant factor for examining the nature of the relationship as it will be shaped in the future, even though I will give it some (and low) weight in the totality of the data that will be considered in this context.
The Third Time Station - A loan to Yariv that was allegedly given in 2009
The Controversy
- The dispute in the third time station focuses on the question of whether the defendant lent an amount ranging from NIS 200,000 to NIS 300,000 to the opponent for the purpose of investing in the franchise at Cafe Greg, when according to the defense, the prosecution was unable to prove that such a loan was indeed given by the defendant.
Summary of the parties' arguments
- The prosecution bases its claim on the defendant's admission in his interrogation that he had lent to the opponent for the aforementioned purpose.
The following is from the defendant's first interrogation:
"... I think That I once brought an opponent money for a business he wanted to establish... I do not know... Something... Cafe or something I don't remember... Truth be told, I don't know which café he founded What a café... I think in... He found something in Herzliya If I'm not mistaken... I don't remember how many in God... Some two hundred three hundred four hundred thousand... I don't remember yes I really don't remember" (P/1A, p. 40, paras. 3-20).
The prosecution also referred to the defendant's words in his second interrogation, where he stated:
"Yariv, I lent him money as a friend in order to start a business, he wanted to start a business, I don't have a parameter, I told you that, you told me that Yariv... I told you this myself on my own initiative, right?" (P/2A, p. 11, s. 24; See also p. 78, s. 9).
In addition to the aforementioned statements, and others, the prosecution also referred to statements made by the defendant confirming that Yariv was the one who asked for the money, and to the evidence that Ayelet Azoulay took care of Yariv's affairs, and his debts related to the franchise of the café (see P/29 - Correspondence between Ayelet Azoulay and Ben-Zaken).