How many units were transferred for the use of the association? In the defendant's testimony, it was noted that "two or three" units in the building were used by the association, and later he noted that two units were used by the association on a regular basis, and sometimes three. On the other hand, in the opinion of CPA Damati and in the summaries of the defense, it was unequivocally stated that these were three units.
Was the use free of charge? In conversation No. 4716, the defendants discuss paid rent, regarding renters who come to Israel for medical treatment and recovery, mention the full prices at which they rent units in a motel, and the defendant instructs the defendant to rent out the unit. The explanation given by the defendant according to his statement, according to which it is possible that he was dealing with a sick child who did not come through the association, is not convincing, to say the least. This conversation raises serious doubt as to whether the units were indeed transferred for the use of the association free of charge. In her testimony, the defendant raised the possibility that children of wealthy parents were charged, and she also noted later that they charged $20 per night. These statements also cast serious doubt on the defense's argument regarding the use of the units free of charge.
Lack of registration and detail: No documents documenting the stay in the motel were submitted free of charge. The list of free tenants does appear three times with regard to the years 2015 to 2018 (above), but this is without any details. According to the defendant's testimony, no registration was made on the matter.
Failure to bring witnesses: No witnesses were brought on behalf of the Association or on behalf of the tenants who lived free of charge, and only a number of affidavits were submitted on their behalf. In accordance with Section 10B of the Evidence Ordinance:
"A written statement made outside the court will be admissible as evidence in a criminal proceeding even if it was given by a witness in the trial, if both parties agreed to it and the content of the statement was not controversial, provided that the defendant was represented by an attorney."