Last update - 00:00 13/04/2007
War probe to court: Early release of key testimony could hamper future inquiries
By Nir Hasson, Haaretz Correspondent
The Winograd Committee, which is investigating the Second Lebanon War, told the High Court of Justice on Friday that releasing the testimonies of Prime Minister Ehud Olmert, Defense Minister Amir Peretz, and former Israel Defense Forces chief of staff Dan Halutz could hamper inquiries into future events.
The committee told the court that the publication of its protocols has "far-reaching significance regarding the ability to investigate fateful issues in the present and future, and therefore it is wrong to decide on this issue under time constraints or due to political pressure or interests."
The High Court instructed the state prior to the Passover holiday that it must explain its reasons for not publishing the protocols, giving it until next Tuesday to do so.
The interim report is expected to be published during in the coming weeks, and if the state is successful in delaying the court's decision until then, the petition would become irrelevant.
Meretz MK Zahava Gal-On, who filed the petition demanding the release of the testimonies, said the committee's opposition to publishing them casts doubt on its ability to formulate objective conclusions regarding the war.
"I can't help but feel that Winograd is caving to pressure from the Prime Minister's Office," she said. "This also casts doubt on its future conclusions."
According to Gal-On, the testimonies should be published prior to the interim report in order to allow the public to assess the committee's work.
State: Expand panel reviewing Winograd protocols publication
The State Prosecution submitted a request on Friday asking to expand the panel of judges currently discussing whether to order publication of testimonies given to the Winograd Committee by senior government officials.
The current panel includes three justices: Deputy Supreme Court President Eliezer Rivlin, Justice Ayala Procaccia and Justice Salim Jubran.
The High Court of Justice is scheduled to discuss Gal-On's petition on Sunday. On Tuesday, Rivlin accepted the Winograd Committee's petition asking to delay the publication of the protocols of the testimonies given by Olmert, Peretz and Halutz.
Rivlin ruled that an affidavit explaining why those testimonies will not be released must be submitted to the court by Sunday at 9:00 a.m., not Tuesday as was originally discussed. Rivlin also ruled that the hearing on the matter would be held two hours later.
The State Prosecution contends that the committee is busy putting together its interim report and cannot review the issue of testimony publication at the present time.
In response to the state's request to expand the panel, Gal-On said "It cannot be that after four months of hearings, when the State Prosecution doesn't like the court's decision, it asks to expand the panel of judges, even though there is no legal justification for it. This is only another attempt at creating foot-dragging and it is humiliating the court."