In the Gottesdiener case, too, the Supreme Court accepted the position of the Court of Appeal, according to which there was no flaw in the prosecution's considerations in the prosecution, but added (paragraph 48 of its judgment):
"In this view, in the special circumstances of this case, it is possible to harm the sense of justice by filing an indictment only against some of those involved, even though this was done solely out of professional and practical considerations."
In the Agbaria case, the Honorable Justice Dafna Barak Erez was of the opinion that due to selective enforcement, a charge should be converted from murder to manslaughter, because "this is of course not only a matter of justice against an individual defendant, but also of the realization of a public interest in the proper operation of the prosecuting authorities (paragraph 20 of her judgment).
In his response, the Honorable Justice Y. Amit noted the concern about the intervention of the court, where, due to the considerations of the prosecution, only one of the perpetrators of the offense, and not even the main offender, was prosecuted. In paragraph 64 of his judgment, he states:
"It has not escaped my notice that a distinction must be made between the failure to prosecute accomplices as a result of a constraint over which the state has no control (for example, the escape of the accomplices or the lack of evidence against the other accomplices), and the failure to prosecute accomplices as a result of an informed decision of the state. But the line between constraint and a decision made under coercion is not always clear. I am afraid that my colleague is opening up a small bedbug in her judgment, which in the course of time may expand like the entrance to a hall, and we know that reality exceeds all imagination."
In other words, on the face of it, if the granting of immunity was indeed required for investigative considerations, and if this claim of the accuser is proven, then it is not selective enforcement. As I noted, this should also be the case for legal policy considerations.