Charge 2
The Indictment
- Between July and October 2018, at a date that is not known to the accuser, subcontractor Reuven prepared pricing for the execution of work on the project "Installation of window concealers in Ayalon Prison" at a cost of NIS 30,420 (including VAT).
- Shortly after the aforementioned date, the defendant contacted Reuven and instructed him to "inflate" the price of the work to the sum of NIS 56,000 (including VAT) with the intention that in exchange for the approval of the inflated price quote, Reuven would transfer the sum of NIS 20,000 to the defendant in cash. Reuven, inter alia, due to the defendant's dependence and control over the subcontractors as described in the general part of the indictment, and out of a desire to give the defendant a gift so that the defendant would allow him to continue his employment as a subcontractor in the IPS, he increased the amount of his bid accordingly.
- The defendant, in his capacity as the construction officer of the Central District of the IPS, made sure to approve the inflated price quote in exchange for a gift from Reuven.
- Later, during the month of October 2018, on a date that is not known to the accuser, in the IPS parking lot in Ramle, near the IPS facility where the defendant is employed, Reuven handed the defendant NIS 20,000 in cash.
- In his aforementioned acts, in his activity as a public servant, the defendant took a bribe in the sum of NIS 20,000, for an action related to his position. In addition, the defendant, as a public servant, stole together with Reuven, something that is the property of the state or something that came into his possession by virtue of his work, and the value of NIS 25,580. The statutory provisions according to which the defendant is charged are taking a bribe (an offense under section 290(a) of the law) and theft by a public servant (an offense under section 390 of the law).
The Response to the Indictment 2
- The defendant denied the aforesaid in this charge, according to which he asked Reuven to "inflate" the pricing offer for the project, and that he demanded and transferred bribe money to him by Reuven. The defendant claimed that according to what is alleged in the indictment, and with reference to the "inflated cost" of the project and the inputs required for the construction of the project, it follows that Reuven was supposed to spend money out of his own pocket for the construction of the project. It was further claimed that in this case, the project was approved by the Construction Department and budgeted by the Prison Service's budget forum.
Charge 2 - Evidence