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Last update - 19:29 04/08/2008
High Court: Olmert can be suspended if he obstructs graft probe
By Tomer Zarchin, Haaretz Correspondent
Tags: Ehud Olmert, Corruption probe 

The High Court of Justice on Monday rejected a petitioned submitted by journalist Yoav Yitzhak, which demanded that Prime Minister Ehud Olmert be temporarily incapacitated pending the graft investigation being held against him.

In his petition, Yitzhak had demanded the court order Attorney General Menachem Mazuz to declare Olmert's suspension for a pre-determined period of time, during which he would be questioned every day in regard to all six open investigations against him.

Yitzhak also asked that Olmert be compelled to comply with short notice summons for questioning should the investigation require it.
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The court ruled in response that if it became clear that the premier was obstructing the investigation against him and failing to comply with the police requests, then he could legally be declared incapacitate.

The justices wrote in their ruling that declaring a prime minister's suspension as a result of a criminal probe against him was an irregular move to be made only in exceptional cases. The justices ruled that they had no grounds to intervene in the attorney general's decision. Mazuz had said previously that it was not up to the court or the attorney general to suspend the prime minister, but rather it was the responsiblity of the political system.

With regard to Yitzhak's request that Olmert make himself available for interrogation at any given time, the justices wrote: "The attorney general and law enforcement agents must declare when the prime minister will be questioned, in accordance with the needs of the investigation and all matters of consideration pertaining to the issue."

The justices also ruled that "the prime minister must cooperate with investigation officials and act according to the complexity of the circumstances."

Yitzhak had also asked the High Court to instruct Olmert to hand over his datebook for judicial review.

The petition claimed that Olmert was mocking police and Mazuz by claiming he would not to be available for questioning in the ongoing corruption investigations against him. According to Yitzhak, opening Olmert's appointment calendar will provide proof of that.

Olmert was questioned by police under caution for the fourth time over allegations of corruption in his former capacities as Jerusalem mayor and trade minister.

The prime minister said last week that he has decided not to contend in the Kadima primary election and would resign as soon as the new party leader was chosen. While he denies the allegations against him, he has said he would step down if indicted.

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