Defendant 6's arguments regarding Charge 8
- Attorney Alon Rappaport argued on behalf of Defendant 6 that the prosecution did not bring any real evidence
to prove the attribution attributed to this defendant in the framework of the eighth charge, but it is a matter of, at most, a circumstantial and vague conspiracy theory.
This is weak circumstantial evidence, from which it is impossible to reach a convictive conclusion, while negating the factual version of defendant 6.
As far as defendant 6 is concerned, the facts relating to this charge are quite simple. The defendant was the registered shareholder of the "Piccolo Line" company and he was the manager of that company. The defendant had the right to market and distribute Opsa products in Israel, a right that was granted to him by the Kyrocell company, whose owner is Defendant 5, Roberto Wagman. It was also proven that there were additional business relationships between defendants 5 and 6, including the provision of financing by defendant 5 for the benefit of the "Piccolo Line" company, as well as the provision of various office services for the benefit of this company. Defendant 6's argument is that he was not part of any conspiracy to defraud the customs authorities, and even if the existence of such a connection between others has been proven, he has no involvement in it. Defendant 6's version is that when he learned that Defendant 5 had handed over the import rights from Ofsa to Defendant 1, he decided to purchase the products from this defendant, in order to prevent parallel marketing, which would damage the brand of Ofsa. In order to illustrate the economic logic of defendant 6's conduct, Adv. Rappaport notes that after the goods were seized by the customs authorities, he bought the goods again at a price of NIS 300,000, so that the purchase would not be made by others, who would distribute it in Israel at low prices. Defendant 6's argument is that he had no knowledge that the Danidov and Swela companies were shell companies, and he did not even know that the accounts of the Plans company were forged. As stated, Defendant 6 had no connection with the establishment, acquisition, or operation of the Danidov and/or Sevilla companies, and it was proven that Kobi Zoaretz did not know the Defendant. The testimony of Pini Besson, Sevilla's bookkeeper, also does not reveal any connection of defendant 6 to this company. Even if the accuser's argument that defendant 1 purchased the Danidov and Swela companies from Kobi Zoaretz and Avi Ben Nissan for NIS 50,000 is accepted, this does not prejudice defendant 6's version, since there is no evidence that he had a part in this activity and that he knew about it. Adv. Rappaport adds: "On the contrary, Fadlon is deceived by Defendant 1 when the latter presented him with a man who pretended to be a discarded life, at Fadlon's request. Fadlon had no reason to suspect Uri Resh, Defendant 1, whom he had known years earlier."