According to P/143, Klaus paid NIS 9,000 to the defendant. Klaus did not support his claim that it was possible that this was another "Arkady", when there were no other contacts with that name on his contact list. The phone call in which the defendant tells Klaus that he does not want to pay for the repair of a boiler in one of his apartments, the sum of NIS 2,400, and Klaus tries to resolve the issue by referring the defendant to Tborinsky, also raises questions regarding the relationship between the defendant and Klaus. This is when Klaus and the defendant claim that other things were heard in the conversation (Klaus claims that it was a conversation about the payment of only ₪100, while the defendant claims that he asked Klaus to help install the boiler).
Klaus's testimony revealed that one of the ways in which he received jobs in the IPS in the Central District was "from the defendant." This is contrary to the defendant's statement that he had no influence on the selection of contractors. Moreover, and as already noted above, the defendant himself confirmed that he could have helped Klaus. In the matter of the Central District Intelligence Doors project, it can be seen that the defendant insisted that Klaus carry out the work and was angry that a logistics officer tried to bring in a professional on his behalf at a lower cost.
In accordance with all of the above, I am of the opinion that the accuser was able to prove the existence of a relationship of dependence on Klaus with the defendant and a motivation on the part of Klaus to please the defendant so that the latter would assist him in obtaining jobs in the IPS.
- In view of all of the above, I determine that the accuser met the burden of proving what is stated in the ninth indictment, and that in the acts described in this indictment, the defendant, in his act as a public servant, took a bribe in the sum of NIS 7,070, for an action related to his position.
Charge 10
The Indictment
- During the period relevant to the indictment, the defendant and Rauf Ilyshayev (hereinafter: "Rauf") had a friendly relationship.
In 2014, at a date that is not known to the accuser, Rauff lent the defendant and the defendant a sum of US$28,600. After immigrating to Israel in 2015, Rauff asked the defendant to repay the loan money to him.
- In order to cover his personal debt, the defendant approached Tvorinsky and asked him to employ Rauf at D.B.S., in such a way that Rauf's salary would not reflect Rauf's work for D.B.S. in practice.
- Tavorinsky, within the framework of the relationship of dependence described in the general part of the indictment and with the aim of giving a gift to the defendant so that he could continue to assist him in carrying out work in the IPS and the contractor's place of profit, agreed to the defendant's request.
- During the period from the end of August 2016 to August 2017, Tavorinsky recorded in part of the period detailed below, that Rauf worked for D.B.S. Despite the fact that he did not provide compensation, and at most, he came to the offices of D.B.S. a small number of times. He did not work as an engineer on D.B.S. projects.
- Despite the lack of consideration, as described above, Tavorinsky recorded, either by himself or through someone else on his behalf, that Rauff worked for D.B.S. and paid Rauf a cumulative sum of NIS 66,220 (net) through seven pay slips.
- In his aforementioned acts, in his activity as a public servant, the defendant took a bribe of NIS 66,220, in exchange for an action related to his position.
The Response to the Indictment 10
- The defendant denied the aforesaid in this charge, according to which he paid or sought to pay a loan debt from Rauf, through Rauf's fictitious employment in the DBS company.
Charge 10 - Evidence