Caselaw

Criminal Case (Tel Aviv) 4637-12-15 State of Israel – Tel Aviv District Attorney’s Office (Taxation and Economics) v. Binyamin Fouad Ben-Eliezer (Proceedings Stopped Due to Death The Defendant) - part 51

August 28, 2019
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See, for example, paragraph 133 of the summaries of the claim, where the following was argued: "30 conversations showing the mobilization of the Minister's Office in favor of the matter, beyond the initial connection between Shemen and Noble Energy.  Thanks to the work of Minister Vasoulay with his long hand, Shemen even made progress in negotiations with Noble Energy."

See also section 136 where it was noted: "...Certainly in the circumstances proven above, in which the resources of the minister's office were used in an exceptional manner to promote the interest of the oil company."

In the same way, the same seizure binds Ben-Zaken to the defendant.

The prosecution's evidentiary approach in the context of the actions that were alleged to have been carried out by Ben-Eliezer in favor of the defendant reduces to the point of obscuring the need to examine the significance of another significant and independent axis, namely the "Ben-Zaken-Azoulay" axis, and it seems to me that it is not possible to do so, lest "ignoring" this significant axis lead to erroneous factual determinations, or at least to determinations that are inconsistent with the level of certainty required in a criminal trial.

  1. In my previous remarks, I discussed the dominant character of Ben-Zaken, and even before I examined the testimonies about the relationship that was forged with Azoulay, I thought it necessary to devote a brief reference to the character of Azoulay, as it was portrayed from all the evidence and her testimony in court.

Azoulay served in a number of positions in the public service, all alongside Ben-Eliezer.  This is a professional relationship that spanned 24 years, during which she served as his secretary, office manager and parliamentary assistant – all within the framework of a series of positions he performed (Minister of Construction and Housing, Minister of Communications, Minister of Defense, Minister of Infrastructure, Minister of Industry, Industry, and Industry, Deputy Prime Minister, Chairman of the Labor Party, and for a short period as Speaker of the Knesset).  Naturally, Azoulay has known many political figures, legal entities, executive officials, and various figures at all levels in government ministries over the years.  Her deep familiarity with the governmental infrastructure, the way things worked, along with her high performance abilities, made Azoulay a dominant and independent figure, even though she was identified with the character of Ben-Eliezer.  Over the years, Azoulay has handled many and varied inquiries received in Ben-Eliezer's office (regardless of the firm in which he served), while creating solutions, dealing with the relevant parties independently, and involving Ben-Eliezer only in places where she needed "backup" or for an action that only he could have performed.

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