Last update - 00:00 27/11/2006
Katsav to step aside in coming weeks, as soon as indictment final
By Yuval Yoaz, Haaretz Correspondent
President Moshe Katsav will suspend himself from office in the coming weeks, as soon as Attorney General Menachem Mazuz decides in principle to try him.
Katsav will resign if and when a final decision is made to indict him.
Katsav's lawyers announced the new position in a High Court of Justice hearing Monday morning on a petition seeking Katsav's immediate removal from office.
The judges took note of the attorneys' statement and removed the petition.
The president had said previously that he would step down when Mazuz's decision to indict became final, before a hearing. Mazuz is expected to make the decision by mid-December, at which time Katsav will inform the Knesset House Committee of his "temporary incapacity."
In a letter to Mazuz last week, lawyers David Libai and Zion Amir had written "if at the conclusion of the investigation you should decided to indict the president, subject to a hearing, he will announce his suspension due to temporary incapacity. If after the hearing you should make a final decision to indict the president, and let us hope you do not make such a decision, the president will announce his resignation in order to allow the indictment to be filed."
The attorneys emphasized that the Basic Law: President of the State "does not allow a trial of a president until the end of his term, [in this case] in July 2007; however, the president has announced in the past that he would not hide behind the immunity granted by the basic law."
On Monday morning, a three-justice panel headed by High Court President Dorit Beinisch heard attorney Josef Fuchs' petition that Katsav be suspended immediately, even before a decision to indict.
The legal dispute focused on whether the High Court has jurisdiction, since the basic law states that a sitting president cannot be punished by any court.
The Jerusalem district attorney's office completed its investigation last week and handed the case file over to the state prosecution. It is now being handled together by Mazuz and State Prosecutor Eran Shendar. Jerusalem prosecutor Eliahu Abarbanel, who monitored the entire police investigation, included his opinion and recommendations, including a number of drafts of possible indictments against Katsav.
The file includes complaints from 10 women about sexual offenses allegedly committed by Katsav, although the statute of limitations has run out on five of the cases. It is possible the statute of limitations has run out on some of the other cases, depending on which specific charges are filed. Mazuz may not adopt police recommendations to include rape charges in the indictment, and may suffice with charges of forced indecent acts, and prohibited, consensual sexual relations involving a subordinate.
In a letter to Mazuz last week, Katsav demanded the attorney general close the case "for lack of sufficient proof for a conviction beyond a reasonable doubt."
Mazuz is expected to decide within two to three weeks, at which time Katsav's defense will be given two to three months to prepare for a hearing, not likely to be later than mid-March. About a week after the hearing, Mazuz will publish his final decision, meaning Katsav will resign about four months before the end of his term of office.