Last update - 00:00 15/07/2007
IDF: We did not okay lawyers' offer to represent our interests
By Arnon Ben-Yair, Haaretz Correspondent
Sources in the Military Advocate General's Office Saturday denounced measures by private attorneys claiming to represent its interests in claims against the Winograd Committee investigation of the Second Lebanon War.
Last week Haaretz reported that attorneys Ram Caspi and Pini Rubin had asked the committee to allow IDF soldiers and officers who could be harmed by the Winograd Report to be allowed to review the materials of the investigation, defend their positions and cross-examine witnesses. The lawyers' letter was a follow-up to a letter on the same subject sent two weeks previously to the Winograd Committee by MAG's chief defense attorney, Col. Orna David.
The sources at MAG say any interference from private lawyers, including appeals to the press, only hurt their cause, because they could taint the legitimate requests of a particular officer, even in the case of the former IDF chief of staff.
Any such request would then be viewed with suspicion by the committee.
MAG officials have been saying for the past six weeks that they are engaged in discussions with the committee over protecting the rights of IDF personnel who could be harmed by its report. The officials say that many of the dozens of soldiers and officers who testified could be affected.
The Military Advocate General employs lawyers serving as army officers and offers IDF personnel legal assistance. Private defense attorneys serve in MAG as part of their reserve duty.
According to sources close to MAG, if MAG decides to submit a High Court of Justice petition against the Winograd Committee, it will do so through its own lawyers and not the offices of private attorneys. Caspi and Rubin do not serve in MAG and will not be given power of attorney to represent it, the sources said.
The sources emphasize that while Caspi and Rubin submitted the letter they sent the committee to David for review, it was not sent on her initiative or on her behalf. The appeal to MAG was initiated by Caspi and Rubin in the wake of media reports about David's activities regarding the issue. David informed the attorneys that she could not prevent them from contacting the committee but asked them not to indicate that the letter was sent on behalf of MAG. Their letter said it was authorized by MAG but was not on its behalf.
Caspi and Rubin denied Saturday that their appeal to the committee was intended to advance the interests of their clients, with the exception of MAG. However, when the creation of a state commission of inquiry was discussed after the war, Haaretz reported that former IDF chief of staff Dan Halutz had hired Rubin to represent him at any future commission of inquiry. Caspi is known to be close to Prime Minister Ehud Olmert, who could also be affected by the committee's recommendations.
In response, Rubin said, "There is no comma or word in the letter that was not coordinated in advance with MAG. It was all authorized by them and coordinated with them. I did not turn to the media, and my response Friday to Haaretz was also authorized by them. The letter was not intended to serve the specific interest of any individual, including that of Dan Halutz himself. It is a system-wide appeal only." Caspi said that Rubin's response was acceptable.