Finally, it was argued that the defendant cannot be convicted on the basis of circumstantial evidence when there is a possible conclusion other than the incriminating conclusion. In the present case, as argued by Adv. Rappaport, it cannot be said that the only logical conclusion that is required is that which complicates Defendant 6 in the commission of the offense.
In light of the above, Adv. Rappaport seeks to acquit defendant 6 of the offenses attributed to him in the eighth charge, if only because of reasonable doubt.
Hearing and Decision on Charge No. 8
- In the framework of this indictment, a number of companies that were involved, in one way or another, in the transactions that are the subject of the eighth indictment, were mentioned. It is appropriate to relate to these companies, taking into account the prosecution's claim that in some cases they were shell companies, which were mainly used by defendant 1 for his criminal purposes.
The main corporation in question in this indictment is Piccolo Line Ltd., which was controlled by Defendant 6, Yigal Fadlon, of whom he was also a manager. The question relating to his connections to the relationship of defendant 5, Roberto Wagman, with this company, is the main question that requires a decision in the framework of this indictment, and I will address this later.
Another company, which was also mentioned in previous indictments, is Savilla Trading Ltd., about which the prosecution claims that it is a company established by Kobi Zoaretz and Avi Ben Nissan, who registered a person named Haim Zaruk as the owner of the majority of the share capital in this company, while the minority of the shares were registered in the name of a person named Avi Sztgagovsky. In his testimony in court, Kobi Zoaretz stated that they were straw men, and that he refrained from registering the aforementioned company in his name because his account was limited, and it was not possible to register any company in his own name. According to Kobi Zoaretz, he and his friend sold the Savilla company (as well as the Danidov company) to defendant 1 for NIS 50,000, when the sale included the company's documents in his possession, including stamps. His partner in the sale was, as mentioned, Avi Ben Nissan, who also testified in court.