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OPINION
Protection from Injustice: The Illowitzes Move to Dismiss the Case

by Yitzchok Roth


3

The Illowitz couple, Netanyahu's co-defendants in Case 4000, presented a plea to the court on the grounds of 'protection for justice', arguing that the entire indictment of Case 4000 which includes them as well, is altogether invalid to begin with.

In a long document which details the 'central inaccuracies,' according to them, in the procedure during the course of the investigation and the accusation itself. They claim, among other things, that the inquiry of Case 4000 "was conducted in a scandalous and intolerable manner, contrary to the basic principles of decency, justice and a search to reveal the truth." That investigation, claims the document, was initially characterized with an "exaggerated fervor which led to the "tunnel vision testimony" and thus was privy to a harsh desire to indict. Consequently, "certain intrinsic aspects which are critical to arriving at the truth in subjects involving basic arguments were not presented or examined."

The Illowitz's also claim that the interrogation was initially set up according to "a preconceived claim of illegal actions." Thus, "instead of searching for the truth in the course of a fair investigation whose aim is to assemble evidence to validate the suspicion or negate it," the interrogators "arbitrarily established in advance the validity of the charge." This supposition, according to the plea, "was so extreme that any evidence or pleas which the investigators and their accomplices from the prosecution deemed suited to their prejudiced view were adopted incontestably without any critical analysis of the knowledge of the contention." On the other hand, they claimed that "every argument and evidence which contradicted their prejudiced initial position was invalidated, with the identical refusal to try to unearth the truth as is required."

An example of their selective method of inquiry, claims the document, is that "in a determined and persistent manner, the investigators abstained from presenting to the accused party segments of significant evidence which had been accumulated and diametrically contradicted the basis presented to them, in many instances, even the version which they had submitted in favor of the investigators themselves." In this connection, claim the Illowitz couple, the course of interrogation was replete with "rapacious methods which are not recognized in law-abiding countries."

During the course of procedures connected to the gathering of testimonies, including detention, there was an unending flow of damaging leaks during the interrogation and the court procedure itself, through illegally appropriating property in a most debasing manner, in forbidden and shocking investigating exercises, in the representation between the accused and their attorneys, through threats and detention conditions and harsh interrogation methods."

They claim that all of these measures were applied in an attempt to "exert pressure upon the defendants and bring them in an invalid manner to supply to their interrogators at all cost, incriminating evidence against themselves and others."

This is a small section in a 200 page document which the accused presented to show how the prosecution crossed all red lines during the investigation, through the judicial process and in presenting the baseless indictment. On these grounds, they seek to annul it on the grounds of "protection for justice." Netanyahu has also joined in this petition on the very same grounds.

It wouldn't be a wild guess to determine that the petition will be categorically shunted aside. The court will continue to deal with this case for many long years to come, and accept all future such shenanigans of the prosecution, as it has to date. The desire is to move from Case 4000 to Case 1000 in the middle of the hearings which have nothing in common with the search for truth and justice.

After all this, small wonder that a major part of the Israeli public regards with disgust how this is conducted by the authorities of law, knowing that there is nothing stopping them from indicting anyone who sees otherwise. Today, it is Netanyahu, tomorrow, it may be any citizen earmarked by the prosecution as one who is likely to be the next in line.

 

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