Alongside the economic interests that were examined, the evidence presented in relation to the strength of the personal friendship that existed between the defendant and Ben-Eliezer was reviewed, and it was determined that the defendant felt close and concerned for Ben-Eliezer, even if an examination of the totality of the data does not allow the personal relationship to be defined as "courageous friendship", as the defense claimed.
From the aforesaid we can ostensibly learn about two possible purposes that were at the basis of the transfer of the money, but the final conclusion will be formulated after examining the additional evidentiary indications that were presented and clarified in the trial, in which case I will decide the question of purpose, while pitting the prosecution's thesis against the defense's thesis.
- "External" evidentiary indications relevant to the examination of the purpose underlying the transfer of money
- In this chapter, I will discuss a number of evidentiary indications that arose in the trial and were addressed by the parties, with each of the parties explaining that that indication supports the "purpose" claimed by him.
After reviewing the relevant facts in each indication, I will decide whether the same indication can be seen as supporting one of the theses presented by the parties, or whether it is consistent with both theses.
The date of the transfer of the money and the proximity to various events, including the deterioration of Ben-Eliezer's medical condition
- According to the prosecution's method, incriminating significance can be attributed to the fact that the money was transferred in the midst of tax proceedings.
- According to the defense, the date of the transfer of the money should be seen as a result of the date on which Ben-Eliezer decided to apply for the loan, and it was argued that the defendant's decision to transfer the money at that time was related to Ben-Eliezer's complex medical condition and the defendant's desire to assist him in purchasing an asset that would suit his difficulties and limitations.
- An examination of the various data and the arguments of the parties leads to the conclusion that the date of the transfer of the money can be seen as a fact that is consistent with both theses. At the same time, it can be said that the fact that the money was transferred at Ben-Eliezer's request, and not at the defendant's initiative, strengthens the thesis that the motif of friendship was dominant.