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 90

August 28, 2019
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On the basis of the above, the defense sought to determine that it had succeeded in proving the existence of true and courageous friendships, from 2008 until the unfortunate death of Ben-Eliezer.

  1. The prosecution was of the opinion that even if there was a certain friendship relationship between the defendant and Ben-Eliezer, these were low-intensity friendships, and in any case, according to it, they lived alongside clear economic interests, which were the basis for the transfer of the money to Ben-Eliezer.

The prosecution referred to the definition of the relationship, as it came from the defendant's mouth in his statement to the police, where he defined the relationship, in one of his statements, as "friendship, friendship, friendship" (P/1A, p. 22, s. 20); The prosecution also referred to the fact that the defendant did not know what Ben-Eliezer's earning capacity was, and that he did not know in 2010 about Ben-Eliezer's plans to run for president, despite the fact that this intention was open, and was even mentioned in the same article in the newspaper "TheMarker."

  1. There is no doubt in my heart that the defendant felt close to Ben-Eliezer, who, according to the evidence presented, was known for his social skills and his ability to create and maintain friendly and warm relationships. I got the impression that the defendant authentically described those places where Ben-Eliezer's character connected to the complexity of his own life, and it seems that Ben-Eliezer "touched" the defendant, who saw him as an admired, iconic figure, and as someone who did not need him.  To a large extent, it can be said that the defendant was flattered by Ben-Eliezer's closeness to him, connected to the sense of simplicity he conveyed, was influenced by the "aura" that surrounds him and his extraordinary features.

At the same time, an examination of the nature of a friendly relationship, against the background of an allegation of an improper transfer of a significant sum of money to a public figure, cannot be based solely on a sense of closeness, and there is room to consider additional parameters as well.

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