Last update - 00:00 11/09/2006
Retired judge to head gov't committee of inquiry on war
By Aluf Benn and Yuval Yoaz, Haaretz Correspondents
The government-appointed committee of inquiry examining the conduct of the political leadership and the military establishment during the Lebanon war will be headed by retired judge Dr. Eliyahu Winograd, Prime Minister Ehud Olmert decided Monday. The decision was approved by Attorney General Menachem Mazuz.
Winograd was approached after Olmert decided not to appoint the panel headed by former Mossad chief Nahum Admoni, and to replace it with a commission headed by a judge.
The cabinet is expected to approve the Winograd commission on Sunday.
Also serving on the commission will be Admoni and Professors Ruth Gavison and Yechezkel Dror.
On Tuesday, Olmert will bring for approval before the government his proposed establishment of a committee to investigate the Lebanon War, and also his request to State Comptroller Micha Lindenstrauss to undertake a probe into the aspects relevant to the Home Front during the war.
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 testi monies 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.