Decision on the issue of the "Ben-Eliezer-Mimran" conversation
- I will first discuss the factual findings that arise from Mimran's testimony, and later on I will discuss the evidence that was provided in relation to the knowledge or involvement of the defendant.
Mimran was interrogated by the police under a warning on 3 August 2014. In parallel with the recording of the interrogation, Investigator Biton typed in the questions he asked and Mimran's answers (the interrogation that was typed was marked P/252, hereinafter: The typed message, while the transcript of the interrogation recording was marked P/252A, as follows – Transcript of the interrogation).
At the beginning of the investigation, Mimran was asked and gave a detailed version regarding the various processes that took place at the Ministry of Infrastructures in the context of the license granted to the company ACC, and the new criteria that were formulated later and applied to the application for the transfer of drilling rights.
The questions about Ben-Eliezer's involvement begin on page 57 of the transcript of the interrogation, as follows:
"Q. ... Does the decision pass, i.e., the identity of the winner, i.e., 15.2.10, Binyamin Ben-Eliezer and/or someone on his behalf, contacting you through others and recommending you one or the other winner? ACC Did he talk to you about etc., etc.?
- To the best of my recollection...
- During this relevant period
- To the best of my recollection, uh... Binyamin Ben-Eliezer.
- Or someone on his behalf, "as far as I can remember"
- I will soon arrive on his behalf.
- Yes.
- To the best of my recollection, Binyamin ben-Eliezer did not ask me and did not speak to me a thing.
- He didn't ask me, didn't he?
- spoke to me.
- "And He Did Not Speak to Me" (Investigator Biton repeats what Mimran said while typing the words – B.S.).
- On the subject of the license granted to ACC
- "The license granted to ACC"Yes?
- Now you asked me if anyone on his behalf? So I say that Ayelet Azoulay" (Transcript of the interrogation, p. 57, s. 21).
From the aforesaid, as well as from other references detailed in paragraphs 189-191 of the defense summaries, it appears that Mimran denied Ben-Eliezer's involvement in the process of obtaining the license of the ACC.