Caselaw

Serious Crimes Case (Haifa) 9375-05-21 State of Israel v. David Abu Aziz - part 83

March 24, 2026
Print

Adv. Shai Yativ (January 23, 2025, p.  4702, s.  18 onwards) drafted the notarized power of attorney and the accompanying agreement

(P/34, N/34A) on 18 August 2009 in his office.  He testified that despite the wording according to which all the signatories were in his office, Dalia Mandel was signed at her home before the others arrived at the office, in view of her physical limitations.  The initiative for the drafting of the documents was taken by Yosef Mandel.  The purpose of the agreement was "to resolve any situation where there is an asset that remains owned by the family, [...] The rest of the properties in the complex they sold and this property was empty and not rented and not sold and sat like a stone that had no opposite and they didn't have time to deal with it, and Dvir is a well-connected and capable man, that's how he presented himself.  [...] That's what I was told, I'm saying the reason I was given why I let Dvir handle the matter, that's not my knowledge." Later, the agreement was used for the purpose of a legal proceeding concerning the eviction of tenants.  As for another document (P/35), this was prepared in the office of Adv. Ron Barnett, based on the documents prepared by the witness.  In the cross-examination, it was clarified that the witness was also the legal advisor of the Nesher Religious Council.  The deceased was known to the witness, and he was even joined as a defendant in one of the proceedings.  In the same proceeding, "and I immediately announced that I agree to a judgment against me because I declared, a declaratory judgment not against me, a declaratory judgment for what they asked for because [...] Arnon [the deceased], in his capacity as receiver, asked for a declaratory judgment to declare that the agreement for the purchase of the lot was invalid.  [...] And I informed the court that I agree to give a judgment according to the petition in the statement of claim.  [...] Because first of all, all of Attorney Arnon's arguments were true.  [...] In my estimation, they did not act according to my agreement and did not ask for approval for the sale on behalf of the owner, the power of attorney could not sell the property on his own without receiving explicit approval from the owner for the sale, and therefore there is no doubt at all that this agreement does not exist, and it was also not reported to the authorities.  We will not be done in an orderly manner." Dvir Amar did not contact him before he signed that agreement (for the sale of the property to the defendant).  If Dvir Amar testified in court that the signature was made in the witness's office, even in the presence of Dalia Mandel, this is unequivocally incorrect.

Previous part1...8283
84...140Next part