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Last update - 00:00 11/09/2006

Kadima roils as Mofaz challenges PM on probe

By Haaretz Service

Prime Minister Ehud Olmert's Kadima party lurched into new turmoil on Monday, hours after Olmert sought to change course on the leadership of a troubled panel to investigate the government's handling of the war, and Deputy Prime Minister Shaul Mofaz publicly challenged his party leader's opposition to a full state commission of inquiry.

Prime Minister Ehud Olmert is inclined to establish a government-appointed committee of investigation, headed by a retired judge, to examine the conduct of the political leadership and the military establishment during the Lebanon war.

Olmert, who plans to bring the make-up of the committee for cabinet approval on Tuesday, has apparently decided not to appoint his previously announced "committee of examination" under former Mossad head Nahum Admoni, and instead replace it with one that will be headed by a retired judge and which is believed to enjoy greater public confidence.

The step would move the inquiry panel, which has sparked charges of conflict of interest and lack of independence, closer to the make-up of a state commission. But Mofaz said late on Sunday that such a panel would not go far enough.

An announcement issued by Mofaz's office stated that that "there is no other way besides a state commission of inquiry to restore the public's trust in the organs of governance."

Mofaz was quoted as saying that since "all efforts to establish other forms of committees [of inquiry] have failed, there should be no more waiting and a state commission of inquiry should be immediately appointed."

Soon thereafter, aides to Olmert were widely quoted as having said that "Mofaz will be the prime suspect in any inquiry panel."

Interior Minister Ronni Bar-On, Olmert's close party colleague, Monday called Mofaz' advocacy of a state commission, coming at the end of long weeks of discussion "more a kind of manipulation, and not an honest decision."

Asked about the characterization of Mofaz as "prime sustect",Olmert's , Bar-On said Monday that "'Suspect' is a tough word." Asked what description he would choose, Bar-On told Army Radio, "Everyone will be examined. Is there anyone who in Kadima will not need to appear before this panel?"

A state inquiry would not bring about a thorough disclosure of the truth, Bar-On continued, and would cause those involved to skirt responsibility, hide the facts, and cast blame on others.

The radio said Mofaz planned to meet Kadima MK Marina Solodkin later on Monday, apparently to discuss jointly pushing a decision for a state inquiry. Justice Minister Meir Sheetrit has also been reported to favor a state inquiry, but is expected to vote with Olmert on any position the prime minister advocates in the matter.

Authority of a retired judge
The establishment of a government-appointed committee under a retired judge is expected to offer a solution to various personal, legal and structural difficulties that have emerged over the creation of a body that would investigate the war against Hezbollah.

According to article 8a of the Basic Law on the Government, a government-appointed committee of inquiry headed by a retired judge can assume the authority of a state commission of inquiry and call witnesses and grant immunity, pending a special authorization of the Minister of Justice.

It will not be possible to use the testimonies or the report of the committee as evidence in legal proceedings.

The Admoni Committee would not have been able to benefit from such authority without specific legislation to that effect, and this was the source of disagreements among members of the Prime Minister's staff.

In essence, the main difference between a state commission of inquiry and a government-appointed committee is the fact that Olmert will appoint the members of the latter, and not the president of the Supreme Court.

Olmert had wanted the Admoni Committee to examine the conduct of the political leadership, and for the committee appointed by Defense Minister Amir Peretz, led by former chief of staff Amnon Lipkin-Shahak, to investigate the military establishment. However, the Shahak committee was dissolved before it began its work, and Peretz changed his mind, supporting the establishment of a state commission of inquiry.

In addition, Olmert found it difficult to find eligible persons to be part of the Admoni Committee, following the disqualification of two retired major generals - David Ivry and Yedidia Ya'ari - out of concerns over conflicts of interest.

Meanwhile, pressure within Kadima is mounting, with the possibility that Professor Uriel Reichman will also join the camp of those calling for a state commission of inquiry.

The crisis within Kadima may come to a head during a meeting of the party council that will be held on Wednesday, and in which a number of dissatisfied ministers may lead attacks against Olmert.

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