We saw above that the defense emphasized in its arguments that only Triple C and EMET were authorized to sell Unix servers to IAI. And now, despite the claims, in the separate proceeding that was made for the purchase of Unix servers – after the split of the integrated MPR – Wii actually won. In his testimony, Shkanevsky explained that the project required non-new Unix servers, that in order to sell non-new Unix servers, there was no need for manufacturer approval or certifications, and that therefore there was no impediment to contacting any supplier, that he chose to add Wii to the pricing in order to increase competition, and that Wii is a company that knows how to compete and make good offers (N/91, Shkanevsky, p. 946, s. 13-18, p. 948, s. 7-21, p. 949, s. 12 - p. 950, s. 1, p. 952, s. 11-13, s. 21-22, p. 953, s. 13-24, p. 954, s. 1-17, p. 955, s. 1-16; This testimony, which was not concealed, must be accepted; See also para. 145 of Triple C summaries, para. 751 of Harel's summaries).
Thus, at the end of the day, it was Wii – which was allegedly not authorized to provide Unix servers – that was chosen to provide them. In addition, it was clarified that the project required non-new Unix servers in a manner that did not require special certification, without any infrastructure being laid for the fact that in this matter there was a change in the project's needs as opposed to what was required for the time being in the integrated MPR (and prior to the splitting of the procurement procedures). This is enough to greatly undermine and weaken the defense's arguments that only Triple C and EMT could have provided the Unix servers in response to the integrated MPR, or that for this reason the cooperation between Harel and Triple C was required. In any event, as we shall see below, the arguments do not justify or legitimize coordination.
- As to the evidence relating to this charge: the main evidence on which the accuser relied was an e-mail correspondence between Zeiger of Harel and Nahum of Triple C (P/123).
Zeiger testified at the trial and tried to give various explanations for the correspondence from real time.