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Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 149

September 13, 2011
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In the same statement, defendant 3 claimed to be acquainted with Avi Kalamaro, who is defendant 4, but denied the possibility that he was a partner in any business with this defendant.

As stated, in his testimony in court, defendant 3 changed his version completely, rejecting any possibility that he acted on behalf of "Arab clients" who represented the company ICC from Ramallah, and according to him, he carried out all the actions at the request of defendant 1: "...  Only Mauri did I get the instructions...  As if clients are guarantors and the terms and details of what to order and what conditions" (p. 4709 of the transcript, paras. 25-26).

This version also emerges clearly from the transcript of the recorded conversation that took place between Defendant 3 and Yehoshua Shlosh, when the latter's version also did not have any "Arab clients" at all, and everything was done at the request and initiative of Defendant 1.

Counsel for defendant 3 also pointed to a transcript of a hallway conversation that this defendant had with one of the interrogators, Meir Sabag, who wrote down a memorandum, in which it was stated "He is under pressure and threats from Uri Resch and his people, and that all the acts he did were done at the request of Uri Resh in exchange for a commission promised to him in the amount of 5% of each transaction, a commission that to this day has not been paid to him, for any transaction." (P/333).

Without addressing, as yet, the question of the criminal responsibility of defendant 3 for the acts committed in the framework of charges 4-7, I determine factually that this defendant dealt with the issue of the import of the goods, which are the subject of these charges, at the request of defendant 1.

I reiterate, unequivocally, that the activity was not carried out at the request of customers from the territories of the Palestinian Authority, who operated, as it were, through companies called ICC or PRL.

The prosecution presented the orders that defendant 3 forwarded by fax to the various suppliers, and these are exhibits P/442, P/443, P/445, P/447, P/310A, P/39H and P/39C, where, according to Defendant 3, he received from Defendant 1 all the documents that he transferred to the suppliers: "Yes, all the documents I needed, that is, in the context of all the orders that Ori asked me to order from the suppliers, all these documents, I received these documents from Ori in order to deliver them and transfer them to the suppliers" (p. 4533 of the transcript, paras. 19-21).

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