Subscribe to Print Edition | Mon., November 19, 2007 Kislev 9, 5768 | | Israel Time: 13:30 (EST+7)
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Source: High Court shouldn't cancel Katsav plea bargain
By Yuval Yoaz
Tags: Israel, Menachem Mazuz 

It would be disastrous for the High Court of Justice to intervene in the plea bargain with former president Moshe Katsav, a senior judicial source intimately familiar with the case says.

If the plea agreement is canceled, the source explained, no lower court would be able to adjudicate the case impartially, in view of the comments made by Supreme Court justices and prejudicial reports in the media, including a key complainant's televised recounting "of stories never mentioned in the interrogation room."

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nother obstacle would be the fact that the state told the High Court that this was a borderline case from an evidentiary standpoint.

The source added that the Justice Ministry had decided to conduct a "hard-hitting review" of the way the Katsav case was handled, and one of the questions to be considered is whether the State Prosecutor's Office or Attorney General Menachem Mazuz could have acted otherwise. However, this probe will begin only after the High Court rules on several petitions to nullify the plea agreement.

As for the gag order regarding evidence in the Katsav case, the source said it was clearly in the state's interest to have the material released, so the public would understand why it would not have been easy to bring this case to trial.

The senior judicial official addressed several other issues:

-On Moshe Lador's appointment as state prosecutor, he said that by the time the cabinet meets next week to confirm the appointment, all five of the ministers under police investigation - Ehud Olmert, Ruhama Avraham, Avigdor Lieberman, Shalom Simhon and Jacob Edrey - are expected to announce they will absent themselves from the meeting.

The source added that Attorney General Mazuz had recommended Lador to the search committee, and that "Lador is an excellent jurist, one of a dying breed that is an expert in both criminal and civil law."

-On investigations against Olmert, the source said that the latest allegations regarding bribes Olmert allegedly took while competing in a primary election "are not serious" and do not warrant opening a criminal investigation. As for ongoing investigations, the case relating to Olmert's tenure at the Industry, Trade and Employment Ministry is "massive, made up of thousands of small details, and all the material has to be sifted through like searching for gold," the source said. By contrast, the source said, in the affair involving Olmert's purchase of a home on Cremieux Street in Jerusalem, "a single detail could make the whole case."

-On reducing electricity to the Gaza Strip, the source said the army was ordered to issue a week's notice before limiting supply. He said the army did not present an orderly plan at the first meeting on the matter at the Justice Ministry, but merely expressed a desire "to pull the plug" on Gaza. The ministry said that would constitute an act of collective punishment, which is forbidden under international law, and that electricity to Gaza can only be reduced. Since some power lines from Israel to the Strip are already outfitted with current controls, an order was issued to install current controls on the remaining lines.

-On tensions between Supreme Court President Dorit Beinisch and Justice Minister Daniel Friedmann, the source said these are impacting the ministry's work, particularly in its legislation department. Sometimes staffers disagree with Friedmann's initiatives, and tell him so, the source said, but "so long as legitimate measures are involved, we provide full service." He added that a large share of the bills that appear differ from the drafts Friedmann wanted.

-On restricting the High Court's constitutional jurisdiction, the source said that the Justice Ministry prefers to include in the Basic Law on Legislation a component of judicial oversight by the Supreme Court. However, "you cannot deal with this matter in segments, and even passing the Basic Law on Legislation is a partial act compared to the need to legislate the entire constitution. What Friedmann did is take a patchwork approach, which resolves some problems abut creates many others."

Related articles:
* Alleged rape victim: 'Katsav is a pervert, serial sex offender'
* Katsav's lawyers: Plea bargain proves president was right all along
* Police sources flabbergasted by plea bargain for Katsav
* MKs seek to revoke Katsav's pension perks
* Legal analysis / An unreasonable decision
* Mazuz's decision / Why indict Ramon and not Katsav?
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