In our case, even if defendant 1 was not given notice of his right to consult with an attorney, this did not stem from malicious intent on the part of the investigators, and in any event, defendant 1 was aware of the right to counsel given to him.
It is also worth mentioning that this is a statement that was given at the end of 2000, while the Issacharov Rule came into the world in the middle of 2006, so I am not convinced that the Rule should be applied, retroactively, to statements that were taken before the Issacharov Rule was given.
In light of the aforesaid, I am of the opinion that there is no basis for the arguments regarding the admissibility of the statement P/321, and I am of the opinion that the evidentiary weight of the statement should also not be diminished, in the absence of any allegation of unlawful pressure on the defendant or the use of improper means, at the time the statement was collected.
I will return to this statement later.
Another company mentioned in the facts of the eighth indictment is PLANAS, a company owned by defendant 3, Araldo Frisi, as appears from the company's founding documents, P/466.
The company was not active on the date described in the indictment, and I will note at this point that I trust the testimony of defendant 3, according to which he never authorized defendant 1 to act on behalf of the company or to carry out any transactions on behalf of PLANAS.
There is no dispute that in a search of the home of defendant 1 on 30.10.2000, empty documents with the logo of PLANAS were seized, and a whole bag of these documents was seized. Defendant 1 was asked to address the meaning of the aforementioned documents in his possession, and in his statement P/321 he gave a variety of versions. Initially, he said that he received the documents from the same Avi Stavitzky: "... These documents came to me from a man named Avi Stavitzky, and these documents reached my father through the company abroad."
When asked why the documents were sent to him and what was his need for these documents, Defendant 1 said: "As part of the relationship with PLANAS, if he needed to obtain approvals on their behalf, they sent him the documents to my father."