Adv. Seroussi: Yes.
The witness, Mr. Peretz: We have,
The Honorable Judge Shaked: And isn't all this manpower corporations?
The witness, Mr. Peretz: That's right.
The Honorable Judge Shaked: Yes, good.
Adv. Weiner: Look, you, I'm introducing you,
The Honorable Judge Shaked: Excuse me, and were you a partner in these companies?
The witness, Mr. Peretz: Yes.
The Honorable Judge Shaked: You were partners as in manpower corporations.
The witness, Mr. Peretz: In these companies we were partners, we are still partners..."
(p. 95 of the transcript).
- Thus, according to the plaintiff, he and defendant 1 are partners in other companies, which do not deal with manpower, but since he does not wish on his own behalf to maintain a reckoning with these things, according to him, they are not included in the partnership between the parties. A partnership is created against the background of a meeting of desires and not out of a subjective and unilateral desire of one of the parties.
- The contradiction regarding the companies included in the partnership already arises in the reply, in which two companies, T.L.P. Assets in Tax Appeal and N.A.I.R.A. , which deals in income-producing real estate, although they were not mentioned in the lawsuit (sections 142 and 145).
- Even with regard to Hasson Gesher, the plaintiff discovered a puzzling inconsistency. While, as stated, in paragraph 61 of the statement of claim and in the pre-trial he claimed that all the companies that were part of the amended indictment were part of the partnership, i.e., Hasson Gesher as well, he claimed otherwise in his interrogation:
The Honorable Judge Shaked: Why isn't Gesher Hasson a party to the case if it is part of the reckoning?
Adv. Weiner: Part of the partnership.
Witness, Mr. Peretz: Because since we started the lawsuit, as I said, in 2015 and didn't continue it, so I lowered it in order to reduce, to make a calculation.
The Honorable Judge Shaked: But when you do a reckoning, there has to be a comprehensive reckoning, both pluses and minuses, everything together has to be.