In these circumstances, I will suggest to my colleagues that no order for expenses be made.
- After these things I examined the opinion of my friend, the judge A. Grosskopf and the judge Y. WillnerAnd I couldn't find a way to change my gear.
I agree with my colleagues that sometimes diving into details can obscure the overall picture. Indeed, this is the word of a judge - he should look closer to the details - he should look away - and he should go back and look closer, in a kind of zoom in andzoom out Alternately. This is what I did when writing the judgment, and this is the conclusion I reached.
My colleague noted two parameters that in his opinion should be taken into account in the framework of our discussion, and it seems that they are what led him to his final conclusion. The first is the pressure exerted on the Patriarchate by the state authorities with regard to the official recognition of the Patriarch, and the second is the personal interest of Adv. Weinroth (paragraphs 12-14 of my colleague's judgment). I will refer to these two parameters below.
The Pressure on PatriarchyMy colleague already outlines at the beginning of his judgment the narrative in light of which he examines the case before us, according to which "the patriarchy itself had nothing to do with fraud" (paragraph 2 of his judgment). There is no place for this categorical assertion, since even today it is not clear whether there were elements within the Patriarchate who joined forces with the crooks, and I will mention that the agreement was signed with the original seals of the Patriarchate and the Patriarchate. As I noted in my judgment, the considerations of the Patriarchate to enter into an agreement with it are preserved and not all the secrets of this case were revealed before our eyes. Thus, it should be remembered that the contacts between Himanuta and the Patriarchate took about six years to mature Before that the judgment was given in which it was determined that this was a fraudulent transaction; It was not clear whether there were other elements in the ranks of the Patriarchate who were involved in one way or another in the affair, so that the Patriarchate had an interest in "shutting down" the matter; The Patriarchate had an interest in maintaining good relations between it and the state authorities; And the Patriarchate was indeed interested in receiving recognition of the Patriarch and believed that it would be worthwhile for it to reconcile with the JNF, which it perceived as having connections in the corridors of power. In any event, my colleague also emphasizes that we are not concerned with pressures that amount to coercion and oppression.