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 92

August 28, 2019
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I will explain:

In its summaries, the defense referred to the testimonies of Ben-Zaken, Vaknin (of Menofim), Kedmi (of the Ministry of Infrastructure), counsel for the defendant in the tax appeal proceeding, and a man named George Aquiliani, who has been in friendly relations with the defendant and his family for thirty years (in his words: "He is part of my life, part of my family"), who testified that he had met Ben-Eliezer a few times in Moscow, introduced himself to him as "Avraham's brother", and was answered by Ben-Eliezer:  "I am also his brother" (Prov. p. 1669, s. 30).

In view of the relatively short duration of the relationship, and against the background of the defense's argument regarding its nature and intensity, it could have been expected that the connection would be proven by witnesses whose acquaintance with the defendant is rooted in circles that are not "work circles", and not through an official in the Manofim company or lawyers whose impression of the intensity of the relationship is based on a few meetings related to work.

This is not how family members of either side of the relationship testified; Thus, witnesses in the "close circle" did not testify to the defendant or to Ben-Eliezer.  In fact, apart from Mr. Aquiliani, whose testimony in the aforementioned context was meager and basic, no significant evidence was presented or testimonies from people who were not acquainted with the two against the background of work-related situations.  Insofar as the short duration of the relationship was intense or unusual in depth, as described by the defense, it would have been expected that testimonies from these required circles would be presented.

It should also be noted that during significant parts of the period of contact, which was in any case short, the defendant stayed abroad (according to him, for more than 180 days each year, and see also the entry and exit output P/120, which supports the claim that he stayed abroad for significant periods).  At the time, Ben-Eliezer was living in Israel and serving as a minister in the government.  There is no need for expert testimony in order to understand that such a situation leaves very limited periods of time that allow for the "maintenance of friendly ties", let alone relationships that are not "long-standing".  In this context, I will note that when the defendant was asked in his interrogation about the number of times Ben-Eliezer visited his home in Russia, he noted that it was "once or twice" (P/1A, p. 22, s. 20).

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