The Relationship between the Defendant and Klaus - General
- Klaus met the defendant through a mutual friend, many years ago. At the police on November 1, 2018, he stated that they were friends when it came to work matters, but in his testimony he corrected that the two had been good friends for years. Since the incident, they have not spoken at all (pp. 330-331). When asked how many times he had helped the defendant with his own or his relatives' private assets, he replied that he did not remember exactly. To the claim that he did not want to come to prepare for his testimony, Klaus replied that he had already received his sentence and did not want to go to "these places" (p. 332).
- In conversation no. 404 of January 30, 2018, Klaus and the defendant talk about working at the defendant's brother-in-law's house in Alfei Menashe. In this conversation, Klaus says that he will not make much profit from this work, the defendant comments: "Okay... at least I will make a profit, what, take care of the friend," and Klaus replies: "... If you make a profit, then I will also make a profit." Klaus was asked what he meant by this statement, and did not answer the merits of the matter (p. 334).
- Conversation No. 1283 of February 12, 2018 - A conversation between Klaus and the defendant, regarding Klaus's help in moving the defendant's son's apartment. During the conversation, Klaus is heard making efforts to make the defendant satisfied. Klaus noted in his testimony that he helps many people and not only the defendant (p. 337).
- Call No. 1576 of February 15, 2018 - This conversation, between the defendant and Klaus, took place about 20 seconds after conversation No. 1575 in which the defendant spoke with someone who rents an apartment from him in Pardes Hanna regarding the need to repair the boiler in the apartment.
In conversation No. 1576, the defendant told Klaus that he did not want to pay for the repair of the boiler – a repair that would cost about NIS 2,400. Klaus replied to the defendant that he had no cash at all and referred him to Taburinsky to help him with the payment. In relation to what was stated in this conversation, Klaus stated in his testimony that the defendant was missing NIS 100 to pay for the uncle, that Klaus had no cash and that he referred the defendant to Taburinsky because he was also in the area (pp. 337-340). After refreshing the witness's memory through his interrogation of November 19, 2018, in which he noted that this conversation sounded bad and that he had not paid the cousin, he was asked what he meant when he noted that the conversation sounded bad, but he did not answer the substance of the matter (p. 342).
- P/143 - A printout of Klaus's income and expenses, which reads under Expenses: "Arkadi - 9000." To the question of which Arkadi it was, Klaus replied that he did not know, and that it might be the plaster man or the sequencer or many others. Klaus confirmed that there was no other contact person by that name in his contact list (p. 352).
- To the question of how he got work in the IPS in the Central District, Klaus replied – from the contractors or from the defendant (p. 347).
- As part of this part of the testimony, the prosecution cited, as an example of the defendant's relationship of dependence and assistance to Klaus in receiving jobs in the IPS and maximizing profits, the incident of "Doors of Intelligence Central District" – which is not part of the indictment. According to the prosecution, in this incident, the defendant acted to thwart the execution of the work by an external contractor who was commissioned through Jackie Levy, the logistics officer, and transferred the work to Klaus. Klaus was referred to call number 1481 of February 14, 2018, in which the defendant told Klaus that he was waiting for an explosion to happen because when there is an explosion you don't ask how much it costs, "Ten or 100 is the same for them, when there is an explosion. So that's good." Klaus testified that he did not remember how the existence of an explosion affected him (p. 354).
Later in the conversation, the two talked about future work of replacing doors in the Central District that the defendant had issued through a main contractor from Development Milk. The defendant said to Klaus, "Doors I open through uh... from milk, I closed with him... I added that, everything is fine, whatever price you gave... I add it, you... you will get... everything you deserve and that's it" (i.e., the defendant agreed with Mahlab that Klaus would carry out the work as a subcontractor, and passed on to Mahlab Klaus's offer plus inflation that the defendant had introduced).
- P/144 - Invoice No. 1155 of Klaus Renovations, in honor of Mahalab Construction Development Ltd., for the dismantling and evacuation of district doors, including the installation of new doors, for NIS 35, NIS 100 including VAT. On the second page, ordering an IPS frame in honor of Mahlab, for the same work, NIS 39, NIS 021.95 including VAT. When asked what he remembered from this project, Klaus replied that the IPS had refunded him money for previous work in the framework of this project, but in the end he noted that the money he received was for the replacement of the doors (pp. 355, 357).
- Conversation No. 2327 of March 12, 2018 - A conversation between the defendant and Klaus in which the two discussed the fact that Jackie Levy's hybrid had brought a professional on his behalf to perform the same job of replacing Modiin doors, and about the quarrel between Levy and the defendant. Klaus confirmed in his testimony that he remembered Jackie and that the conversation dealt with the doors of a milkman (pp. 358-359).
- Conversation No. 2531 of March 14, 2018 between the defendant and Klaus, in which Klaus informs the defendant that Jackie went up with a professional to the intelligence floor to check the possibility of doing the work in his place. Klaus also informed him that he would hand over the bill of quantities to the defendant. The defendant later replied: "I'll look, I'll add things or take things down, I don't know what, and that's it. Say, it comes up like this." Klaus replies, "No problem."
- To complete the picture, it should be noted that Jackie Levy, a logistics officer in the Central District since February 2018, testified at the trial. He has a brief acquaintance with the defendant.
Levy stated that at a team meeting of the heads of the departments in March 2018, the defendant presented a price quote for replacing doors in the intelligence offices, and this offer seemed high to Levy. Levy drew the attention of the TAL officer, who asked him to bring another price quote. Levy brought a professional who offered a significantly cheaper price quote. Klaus saw Levy and the professional on his behalf, and that same day the defendant burst into Levy's office shouting that he was trying to replace him in his position (transcript of March 9, 2022, pp. 592-593).