Judge Moshe Bar-Am questioned on Wednesday how the court could disregard former attorney-general Avichai Mandelblit’s testimony about unlawful investigative actions, before the Jerusalem District Court ruled by a majority against allowing defense lawyers in Prime Minister Benjamin Netanyahu’s trial to pursue that line of questioning.
“How can we ignore the fact that the attorney-general comes here and testifies about unlawful actions?” Bar-Am asked prosecutor Yehudit Tirosh during arguments over the scope of Mandelblit’s testimony.
The intervention offered a glimpse of a judge’s concerns about the evidence heard so far. But the three-judge panel ultimately ruled 2-1 to keep Mandelblit’s questioning within the issue for which his testimony had been permitted: the approvals he gave for investigations into Netanyahu.
Bar-Am said parts of Mandelblit’s testimony appeared relevant to the defense’s argument that investigative misconduct could justify canceling the indictment, warning that preventing further questions might leave a gap in the factual record.
When Tirosh cautioned against opening the door to questioning prosecutors about their work, he replied: “Here, the door has already been opened. He testified, and we heard things that apparently require deeper examination.”
Adjournment requested by Netanyahu lawyer
The panel comprises presiding Judge Rivka Friedman-Feldman, Bar-Am, and Judge Oded Shaham. Following the ruling, Netanyahu’s lawyer Amit Hadad requested an adjournment to adapt his planned questioning. The prosecution did not object, and the hearing ended after about two hours.
Mandelblit was called as a defense witness to address whether police acted with the necessary authorization and whether their inquiries exceeded what he had approved. Under Basic Law: The Government, opening a criminal investigation into a sitting prime minister requires the attorney-general’s consent.
In his testimony so far, Mandelblit has maintained that he authorized the investigations, while acknowledging that some significant actions were taken without his approval. He has distinguished permission to investigate particular subjects from supervision of every police step, saying investigators were expected to consult him on major developments.
He said he ordered police to stop wiretapping Netanyahu confidant Natan Eshel after learning of the operation. He also criticized a tactic used against Nir Hefetz, Netanyahu’s former media adviser who became a state witness: investigators arranged an encounter with a woman close to Hefetz while he was in custody, signaling that they knew personal details about him. Mandelblit said he had not known of the tactic beforehand and considered it improper.
On Monday, he acknowledged that questioning in Case 1000 went beyond the warning given to Netanyahu about the suspicions against him, and that the warning in Case 2000 did not fit the allegations being investigated. The judges also pressed him on when approval to question Netanyahu as a suspect became a formal decision rather than an intention discussed among officials.
Mandelblit has nevertheless defended the decision to prosecute, rejected suggestions that pressure dictated his decisions and said he would be surprised if prosecutors deliberately concealed information from him. He has also disputed the defense’s assertion that the Case 4000 bribery charge had collapsed, and argued that investigative irregularities do not automatically require excluding evidence.
Wednesday’s dispute concerned the defense’s attempt to question him more broadly about police and prosecution conduct between his authorization of the investigations and his decision to bring charges.
Material information withheld from Mandelblit, says Hadad
Hadad argued that material information had been withheld from Mandelblit, undermining the decision to prosecute. Jacques Chen, representing Shaul Elovitch and his wife, Iris, argued that investigative failures should have formed part of Mandelblit’s assessment of whether bringing charges served the public interest.
Tirosh opposed expanding the testimony into the prosecution’s internal decision-making, arguing that alleged gaps in the investigative record should be addressed with investigators. Friedman-Feldman noted that Mandelblit had said he had not personally reviewed some material, including transcripts.
Mandelblit’s appearance placed his handling of the cases before the public during the final weeks of the election campaign. Netanyahu’s defense requested his summons on September 17, seeking seven hearing dates between October 11 and October 22, with the last falling five days before the October 27 election. His testimony began on October 11.
The court declined his request to postpone until November or December because of preparations for the academic year in his role as law faculty dean at the Academic College of Ramat Gan. His testimony has since extended beyond the original dates, with Wednesday’s hearing taking place the day after the vote.
The trial, which began in May 2020, concerns three cases. Case 1000 involves expensive gifts Netanyahu allegedly received from businessmen Arnon Milchan and James Packer, and actions he allegedly took to benefit Milchan. Case 2000 concerns discussions with Yediot Aharonot publisher Arnon Mozes about favorable coverage in exchange for steps against rival newspaper Israel Hayom.
Case 4000 concerns allegations that Netanyahu advanced regulatory measures benefiting Bezeq’s then-controlling shareholder, Elovitch, in exchange for intervention in Walla’s coverage. Netanyahu faces fraud and breach-of-trust charges in all three cases, and bribery in Case 4000. He denies wrongdoing.
The proceedings remain in the defense stage. Netanyahu completed his own testimony in June after 98 hearings, and the court is hearing other defense witnesses. Hearings moved to a five-day weekly schedule this month to accelerate the remaining evidence. The defense cases and closing arguments must still be completed before the judges deliver a verdict.
Follow us on GoogleSource: The Jerusalem Post · SARAH BEN-NUN
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