Criminal Case (Jerusalem) 54589-02-17 State of Israel v. Oshri Sharon - part 45

In the margins of this section, we will relate to another argument raised by the defendants in a close context.  According to the claim, at a certain point, Mordechai sent an update of the required configuration in Balam Indra only to Levi and not to the other suppliers.  This testifies - according to the claim - that Mordechai did not intend to compete between the suppliers in the first place, and that Indra was nothing more than a representation of competition (e.g., paras.  187-188 of the Wii Summaries).  The evidence shows that in the first place, Mordechai sent the request for price quotes to a number of suppliers (paragraph 125 above) and also later when he updated the request for price quotes, including some of the items and configuration, Mordechai sent the update to the three defendant companies - Wei, Harel and Triple C (P/155, paragraph 126 above).  Subsequently, and as described above, these companies submitted price quotes (after coordination correspondence between them).  At a certain point, Mordechai asked Shahar certain technical questions regarding Wee's proposal (P/158).  It appears that the defendants' argument revolved around this correspondence, that in the evidence submitted there was no parallel correspondence with the other suppliers (although shortly afterwards additional coordination correspondence was made with both Harel and Triple C, see paragraphs 137-138 above).  In his testimony, Mordechai replied that he did not remember and that he thought he had approached Harel and Triple C in a similar manner.  At the same time, he raised the possibility that to the extent that he did not do so, it was due to the fact that one of the suppliers had submitted a previous high offer, so that there was no point in contacting him again (p.  1202, para.  11 - p.  1205, para.  20).  At the end of the day, such conduct does not change the picture of things with regard to Balam Indra and the coordination of the proposals that began and was done even before it, and without Mordechai's knowledge.