The same is true in the case before me. The solution given by the Honorable Justice N. Hendel in the Gottesdiener case was to take into account the harm to the sense of justice within the framework of the sentence, and not to cancel the indictment. In any event, this is not the time to decide on this matter.
For all the reasons I mentioned above, I do not believe that the indictment against the defendant should be dismissed for this reason as well, certainly and certainly not in the framework of preliminary arguments, in which case it is not possible to examine the fairness of the proceeding, as I detailed above with regard to the disqualification of evidence by virtue of the Issacharov rule.
- Conclusion
I am of the opinion that there is no reason to cancel the indictment against the defendant.
First and foremost, the immunity granted to the organs – Aharonson, Weiss and Hirsch – should not be attributed to the defendant by virtue of the theory of organs.
Second, as a matter of policy, there is no impediment in principle to the state entering into a state-witness agreement, in the framework of which it will grant immunity to the director of the company, so that the manager will testify against the company in which he served (of course, to the extent that the agreement meets the other conditions of the state-witness agreement).
As for the defendant's arguments regarding the fairness of the proceeding, the scope of the defenses available to the defendant in the criminal proceeding regarding the right to remain silent and the right from self-incrimination are limited to those given to a human being, and for this reason, too, the indictment should not be canceled, even if her rights have been violated in some way. In any event, these arguments can only be examined at the conclusion of the hearing of the evidence, and insofar as the defendant, in light of all the circumstances, chooses to repeat these arguments. Then it will also be possible, if it turns out that her rights have been violated, to choose the appropriate proportionate remedy.