Caselaw

Criminal Case (Tel Aviv) 40013/05 State of Israel v. Uri Resch - part 201

September 13, 2011
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Although there is no dispute regarding the criminal past and the negative background of Kobi Zoaretz and Avi Ben Nissan, I have the impression that, at least on the subject of the sale of the companies Svila and Danidov to Defendant 1, their testimony is worthy of trust, and as is well known, criminal history and lack of credibility in previous cases do not necessitate a negative attitude towards the testimony given in court, or lead to the disqualification of the testimony, in part and in part, as false and unreliable.  The determination of the factual findings and questions of the credibility of the witnesses are, as a rule, delegated to the trial court, which can get an impression of the witnesses in an unmediated manner, and examine the testimony from a broad perspective of the totality of the evidence.  In accordance with this approach, I hold that the testimony of Kobi Zoaretz and Avi Ben Nissan should be trusted, with respect to the companies of Savilla and Danidov.

The prosecution presented various corroborating evidence, as far as the Danidov company is concerned.  Thus, for example, it appears that defendant 1 ordered the printing of various documents, on an authentic letterhead, allegedly from the Danidov company.  The documents were printed in the offices of Migdal, as testified by Mrs. Hannah Oren, whose testimony I discussed in my previous remarks.  It is worth reiterating that defendant 1 introduced himself as "my father" to Ms. Hannah Oren, and as stated, this is not the first impersonation of defendant 1 as another person.

P/12 is a letter dated 08.03.2000 addressed to the Standards Institution of Israel on behalf of Danidov Ltd., according to which defendant 6, Yigal Fadlon, was authorized to handle proceedings at the Standards Institution of Israel, on behalf of Danidov.

In P/13, we are dealing with an order of goods from the supplier Opsa on behalf of the Danidov company.

According to the testimony of Ms. Hannah Oren, these documents were printed at the request of defendant 1, the man who introduced himself as "my father".

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