Finally, it should be noted that no evidentiary basis was argued or laid for the fact that the price stated in Shohat's first email was the result of prior coordination with Shachar or in a manner consistent with such coordination (as we saw above and as will also be brought below, the correspondence between Schiffer and Shahar regarding the price planning of the coordinated bids (P/145), including the price of Matrix's intended offer, Done only later that day; and Shachar's appeal to the slaughterer with the price to be served to Maman (P/146) was made during the night hours of the same day).
- On the same day, 13 September 2011, at 1:20 P.M., a 12-minute conversation took place between Shachar and Shochat (P/587). No evidence was presented as to the content of this particular conversation.
- In the afternoon, Schiffer sent Shahar the e-mail in which he outlined the price plans that each of the suppliers would be asked to submit to Elta (P/145). The intended price of the Matrix proposal was $449,440 (ibid., see paragraph 650 above).
Shachar's Coordination Notice (P/146)
- Later that day, 13 September 2011, at 10:21 P.M., Shachar sent an e-mail message in which he wrote to Shochat "attached a price quote to finance" and attached a detailed proposal for all the components of the contents, totaling $449,440 (P/146). The following feature of this announcement: Shachar's coordination message to the slaughterer. As we saw above, at the same time Shachar sent similar messages to Harel and A.M.T. (see paragraph 652 above). Shachar testified that he sent the notice to the slaughterer in order for him to submit it to the financier (p. 2859, paras. 1-5), as he had done with the other suppliers as well (see paragraph 652 above). Shohat claimed, in his interrogation with the authority and in his testimony in court, that he did not see Shahar's coordination notice, P/146 (P/240, Q. 319-320, P. 6759, S. 7-17). This version is not true, as we will see below.
- The central question for our matter is whether it has been proven at the required level that Shochat agreed to submit Matrix's proposal in accordance with Shahar's notice of coordination to him (P/146).
- In this regard, the accuser relied mainly on two main evidentiary layers: one: Shahar's testimony; and the second: the proposal submitted by Shochat to Schnevsky (P/132) shortly after Shachar's coordination notice to Shochat (P/146); This proposal indicates – according to the accuser – that Shohat acted in accordance with the agreement, so that Matrix's overall proposal is in line with what Shachar requested and in a manner that attests to Shohat's consent to the coordination. Shohat claimed that he did not agree to submit an offer at the price that Shahar sent him and that in fact he submitted a significantly lower bid of only $395,860 (P/132).
- Let us return to the chronological description and refer to the evidence on which the accuser pointed out. We will then discuss the question that needs to be decided.
- We saw that on September 13, 2011, at night, Shachar sent Shochat an e-mail in which a price quote that Shochat asked to submit to Shaknevsky as a matrix proposal for the Oranim Combat Operations Unit (P/146) was Shahar's coordination notice.
- Shahar testified, at various places during his testimony, that Shochat agreed to submit to Schnevsky the offer that Shachar had sent him in the coordination notice (p. 2859, paras. 20-32, all agreed; p. 3520, paras. 11-18, Shachar asked Shochat to go to the CBM and after Shochat told Shachar that he did not know what to submit, Shachar told him that he (Shahar) would send Shochat what to submit; p. 3559, paras. 14-16, Shochat finally agreed that he did not want to get into trouble with Shachar and IAI). The arguments raised by Shochat regarding the weight that should be given to Shachar's testimony will be addressed below. It should be noted that in his interrogation with the Authority, Shachar was not presented with the proposal that Shochat submitted to Shaknevsky (P/132) after Shachar's coordination notice to Shochat (P/146). In his testimony, after he was presented with this proposal of Shohat, Shachar replied that he now understood that contrary to his impression, in fact Shochat "fought" for the project (p. 3539, s. 3), and did not agree to submit the proposal that Shachar had sent him (p. 3555, s. 10-18; Although Shachar later noted that in retrospect he understood that Shochat was in fact "working on him" and submitted a lower offer than what Shachar had sent him, and different from what Shahar had expected, in order to win (p. 3555, para. 25 – p. 2556, para. 17) in a way that can be inferred from this that Shachar understood that Shochat had agreed but acted contrary to the agreement).
Shohat's second e-mail, Matrix proposal (P/132)
- Later that night, 13 September 2011, at 11:56 P.M., Shochat sent Schneevsky an e-mail with the Matrix price quote for the Oranim Combat Operations Unit (P132). The following is a feature of this message in Shohat's second email. The total amount stated in the proposal summary was $395,860 and not $449,440 as stated in Shahar's coordination notice.
A comparison between Shachar's coordination message (P/146) and Shohat's second email leave no room for doubt that Shohat saw Shachar's coordination message and that he copied it, almost in its entirety, to the second email in which he submitted the Matrix proposal. This is while changing the total amount of the proposal as stated above.