The Response to the Indictment 14
- The defendant denied the aforesaid in this charge, according to which he asked Biton to "inflate" the price quote for the project, and that he demanded and transferred bribe money to him by Biton.
Charge 14 - Evidence
The Prosecution Case
Testimony of Binyamin Biton (transcript of July 12, 2021)
Main Inquiry
- Biton, a construction contractor, was convicted in this indictment, in accordance with his admission to the facts of the amended indictment, of the offense of bribery under section 291 of the Penal Law.
In his testimony, Biton tried to present the plea bargain in his case as a deal he had made with the State Attorney's Office due to his and his wife's health condition, and claimed that the payment to the defendant was supposed to be indicated as a gift, but at the end of the day it was noted as a bribe (pp. 91-92). It should already be noted that Biton was declared a hostile witness during his cross-examination.
- After refreshing his memory, Biton testified that he had carried out work for the IPS in 2016 and until the beginning of 2018, as a subcontractor (p. 94). He knew the defendant when he was renovating a villa in Rishon Lezion and the defendant came to be impressed by his work (p. 94). Biton did not perform any private work for the defendant, except for the bricks he gave him and the assembly of a number of tiles in the kitchen of his house. After another refreshing of his memory, Biton noted that he did so in recognition of the fact that the defendant introduced him to main contractors who work for the IPS (pp. 95-96).
- In the Abu Kabir project in 2018, M. Michaeli served as the main contractor, Biton served as the subcontractor. The Gridish brothers (Simon and Amos) worked for him (p. 97).
- The witness was presented with P/34 - Tax invoice/receipt No. 001 of Biton dated January 8, 2018, in the sum of NIS 80,000 including VAT, which was issued to M. Michaeli, for work at Abu Kabir. After refreshing his memory, Biton stated that the defendant was the one who arranged the work for him (pp. 98-99). In addition, P/35 was presented with Bitton's tax invoice/receipt No. 007 dated March 7, 2018, also for NIS 80,000 including VAT, which was also issued to M. Michaeli for work in Abu Kabir.
The witness gave this invoice to the defendant and asked him to forward it to a representative of M. Michaeli when he met him at his headquarters in Ramla. Biton received the payment late, towards May 2018, in a check from M. Michaeli (p. 100).
- In conversation No. 2134 of March 7, 2018, between the defendant and Biton, the defendant was interested in whether Biton was carrying invoices and checks for his business with him. When asked why the defendant was interested in this, Biton replied that he did not remember. The two spoke again that day (call no. 2157), and Biton testified that he was supposed to go over Abu Kabir's account with the defendant that he had submitted, since the defendant had to approve the work and then transfer the invoice to the main contractor so that the witness could receive payment. When asked why Biton told the defendant to "leave the phone," he replied that he was close to Abu Kabir and therefore there was no need to talk on the phone (p. 101).
- In conversation No. 2547 of March 14, 2018, between the defendant, the witness and Amos Gridish, Amos claimed that Biton did not pay him for his work. To the question of what the defendant meant when he told the witness, "Keep your mouth shut or be healthy," the witness replied that he did not know (p. 102). In the conversation, there was an apparent threat by Amos that if he did not receive the payment, he would tell him that Biton was getting jobs because he was paying "protection" to the defendant. To the question of what the defendant meant to Biton, "If I don't trust you, you won't work," as well as to other questions on the matter, the witness replied that he did not know (p. 103). The witness explained that he worked through main contractors and under the supervision of the defendant. The defendant submits plans, supervises and finally approves the work so that the main contractor pays the witness (p. 105).
- Conversation No. 2554, dated March 14, 2018, between the defendant and Biton. The witness was asked about the fact that in a previous conversation, Amos had threatened the defendant that he would contact the MBS. The witness claimed that Amos was angry that he did not receive money from his brother Simon, which had nothing to do with the witness or the defendant, and that Amos tried to exert pressure on the system by calling the defendant (p. 109).
- Conversation No. 2564 of March 14, 2018, two hours later. The witness was asked about the fact that he told the defendant in this conversation: "What is between you and me is to go to the grave." The witness did not agree to elaborate on the matter (p. 111).
- Conversation No. 3128 of May 3, 2018, between the defendant and Biton, about the fact that the defendant Michaeli is delaying the check. The witness claimed in his testimony that he wanted the defendant to approve the work already, so that the defendant would give him (Biton) a check (p. 112). According to the conversation, the defendant planned to travel to Eilat within a few days. Later in the conversation, Biton said that he would detail the check, and that "no matter where you are in Eilat, I will arrange it for you..." To this, the witness responded by sending the defendant NIS 7,000 as a gift "that you called a bribe" (p. 113).
- Conversation No. 3477, dated May 16, 2018, between the defendant and Biton. Biton recounts that he had met with Morris (from Company M. Michaeli) the day before and received a check from him. The due date of the check was about a month and a half ahead (p. 113, also appears in the conversation). Biton said in the conversation that he would try to break out the check the next day. When asked why he told the defendant this and later told him, "I'll take care of what you need," the witness replied that he intended to detail the check and give the defendant NIS 7,000 ( 114-115).
- The witness was presented with P/36 - a check ending in the digits 6317 in the sum of NIS 77,600. The witness confirmed that it was the check he received from Morris. The check was detailed in Ching S.Z. Finance Ltd. He asked that the mark "to the beneficiary only" be deleted so that the check could be transferred on (it should be noted that the law currently prohibits this) (p. 116).
- Conversation No. 3550 of May 27, 2018 between the defendant and Biton, in which Biton promises to settle the matter of the check the next day.
- Conversation No. 4335 of June 13, 2018 between the defendant and Biton, in which the two coordinate to meet. The defendant is at home and the witness leaves Tel Aviv in his direction and promises to call him. In call No. 4336, about half an hour later, Biton informs the defendant that he is "downstairs," and the defendant says that he is going down to him.
The witness stated in his testimony that he came to the defendant's house to bring him "stones" (apparently referring to the tiles – M.B.). To the prosecutor's question as to when Biton brought the money to the defendant in cash, the witness replied earlier, when he met him in Abu Kabir (pp. 116-117).