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Last update - 02:22 07/05/2008 ANALYSIS: Gag order on PM case against public interest By Ze'ev Segal Tags: Israel, Ehud Olmert  Prime Minister Ehud Olmert knows why he is being questioned under caution in a new case. The same is true of his former office manager, Shula Zaken, who has been under investigation almost incessantly. It is also true of their lawyers, the prosecution, journalists and others in the know, including foreign sources. Only the general public remains in the dark, due to a sweeping gag order that conceals even the tiniest detail, such as the nature of the crime of which the premier is suspected. Tel Aviv Magistrate's Court Judge Daniel Beeri was persuaded Tuesday that limiting this comprehensive gag order in any way would cause "real damage to the investigation." But it is very hard to accept this conclusion, given that the principal suspects already have been interrogated and rumors are flooding the country. One must hope that the court's decision was not affected by the police's argument that revealing the details on the eve of Memorial Day would be contrary to the public interest, because the public does not want to hear such things on such a day. Most of the public would certainly prefer that its prime minister not be suspected of anything. Advertisement But an authorized report issued on Memorial Day would be far better than the rumors, some of them baseless, that instead formed the basis of conversation at many memorial sites. The Jerusalem District Court, in contrast, understood that a complete blackout is unreasonable when a prime minister is under investigation. It therefore Tuesdaypermitted publication of the fact that it has received a request to hear preliminary testimony from a foreign witness though it stressed that this does not mean an indictment will be filed. What happened during its deliberation on this request, like the name of the witness, remains unknown, but one assumes that the court  which would be the venue for a trial if one does take place  will make, and announce, its decision on whether to hear the testimony promptly. Preliminary testimony is taken in various types of cases if an important witness wants to leave the country, but it is especially common if the witness is not an Israeli citizen. The purpose of taking such testimony is to ensure that it is on file should it prove impossible to get the witness to return later, if and when the case actually goes to trial. Previous court rulings have stressed that in order for such testimony to be given full weight, it ought to be given in the presence of the suspect, and after his attorneys have had sufficient opportunity to study the relevant material and prepare their cross-examination. Yet at the same time, these rulings have noted, this must be balanced against the need to keep all or part of the evidence under wraps until the investigation is completed. Thus the suspect might not be given all the material against him, but only the material relating to that witness. Earlier this month, the High Court of Justice rejected a petition against the decision to take preliminary testimony from tourists who had been sexually assaulted during their stay but wanted to return home without waiting for the trial. In her ruling, Justice Esther Hayut acknowledged that this procedure "deviates from normal legal procedure and from the balance that criminal law seeks to strike between defending suspects' and defendants' rights to a fair trial and the public interest in an efficient and effective criminal process." Therefore, she wrote, "a court must be extra cautious about ordering the taking of preliminary testimony  but it must not be deterred from doing so when the circumstances justify it." Related articles: Police: Gag order on probe against Olmert losing significance PA official: No Israeli partner in light of latest Olmert probe Barak: Probe will not affect Olmert's political decisions Bookmark to del.icio.us   Raining on the parade World Likud chief calls for cancellation of Nakba Day procession. Perfect match TA court sentences 'DNA Rapist' to 25 years in prison.   1.   And why is that so? 04:34  |  Mark Lincoln 07/05/08   2.   The external threat to Israel`s existence 04:40  |  Mark Lincoln 07/05/08   3.   give the public some credit 07:44  |  a citizen 07/05/08   4.   the gag order is 100% in the public interest 09:18  |  redmike 07/05/08   5.   #3 - Really? What details do you know about the case? 09:24  |  redmike 07/05/08   6.   Time For The Israeli Press to Grow Up 09:26  |  Sam 07/05/08   7.   This is NOT to Mark Lincoln but about him 10:04  |  S 07/05/08

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