Wei and Harel sought to find support in Rosenthal's testimony that the pricing in the Anemone Tank was a fictitious pricing. In other words, that in the meeting at the Alltrade that preceded the issuance of the Balam, all the details of the acquisition were closed, Wee's win was assured, and ConnectYork's subsequent request for quotes was nothing but a façade.
These arguments should not be accepted. Rosenthal's testimony should be given limited weight in the circumstances of the case.
First, Rosenthal emphasized in his testimony that the meeting he described was after an order for the purchase of the equipment had already been issued from Wei. It is clear from the documents that the order for purchase by Wei was issued only on July 5, 2010 (P/55; it appears that the order release form procedure began only on June 20, 2010 (P/50), apparently shortly after the decision to grant an exemption from a tender (P/14)). Hence, the connection that Rosenthal made in his testimony between the meeting he described and the meeting recorded in Shachar's diary of June 1, 2010, is inconsistent with the documents from real time. Rosenthal appears to have described a meeting late in time that took place at some time after the order was issued and in anticipation of the actual supply of equipment. This is also supported by other discrepancies between the meeting described by Rosenthal and the descriptions that arose from other testimonies regarding the preliminary meeting at the offices of Ultrade that took place before the publication of the BALAM (Rosenthal testified that in the meeting he described, no one from Elta's procurement, including Knitürk, was present, and that only Vered and he from Elta participated, p. 6686, paras. 7-17; and this is in contrast to the testimonies of Shachar and Knitürk, which are supported by real-time documents, According to which Knitürk participated in the preliminary meeting of the Alltrade that took place prior to the issuance of the BALAM, see the references in paragraph 351 above; According to Shahar's testimony, and in contrast to Rosenthal's testimony, the preliminary meeting at the AllTrade was attended by many participants from IAI, beyond Rosenthal Ward, p. 3105, paras. 1-8). Insofar as the meeting took place after the invitation was issued – as it appears from Rosenthal's description in the testimony – in any case his testimony does not imply that at the time of the meeting everything was closed, to indicate that the BLAM, which was held earlier, was not a true pricing (and Rosenthal did not deny in his testimony that it was possible to price and ask for quotes in relation to the servers required for the project, see p. 6687, paras. 23-24).