On the axis "Ben-Zaken - Ayelet Azoulay", and its importance in deciding the dispute arenas
- In general, when certain actions are carried out by a governmental entity in a manner that deviates from the norm, and it appears that these actions are clearly intended to assist the economic interest of a private entity, it is possible to draw conclusions from the circumstances described regarding the knowledge of the two Sides of the equationIn other words, the knowledge and intention of the governmental entity to assist the private entity, and the knowledge of the private entity about the actions carried out in its favor. This is ostensibly the clear and obvious evidentiary conclusion.
Rather, and as a condition for applying the aforementioned evidentiary approach to the two parts of the equation, we must examine whether within the same equation there are additional axes (interested/friendly/other) between different individuals on both sides of the equation, since insofar as they exist, this makes it difficult to view the "governmental entity" as "one entity" and to view the "private entity" as "one entity". In other words, in a situation in which there are a number of axes and connections, there is difficulty in applying an evidentiary approach that "binds" together, in any case, all the members of the group, whether it is a group of "governmental entities" or a group of "private entities".
In the indictment, but especially in the summaries of the chapters dealing with the actions allegedly carried out by Ben-Eliezer on behalf of the defendant, the prosecution drew both sides of the equation in such a way that on one side is the government entity with all the details contained in it (the minister's office, which includes Ben-Eliezer and Ayelet Azoulay), and on the other side – the private entity with the details included in it (the defendant and Ben-Zaken).
This evidentiary approach, in practice, binds Ben-Eliezer and Azoulay together, in such a way that some of the actions in dispute are attributed to the "minister's office" in which Azoulay is alleged to serve as Ben-Eliezer's long hand, all in order to receive the bribe that was allegedly paid by the defendant to Ben-Eliezer.