'Case against Katsav was borderline after defense team hearing'

The state struck a plea bargain with former president Moshe Katsav because the evidence had eroded so seriously that the chances of conviction had become borderline, sources in the State Prosecutor's Office said yesterday.

The sources added that they realized that Katsav had had an intimate relationship with A., who worked for him in the President's Residence, but the evidence indicated that it was consensual.

In its official response to several petitions against the plea bargain, the prosecution told the High Court of Justice yesterday that difficulties in proving the allegations included in the draft indictment were the reason for the deal. It also said that at the hearing conducted by Attorney General Menachem Mazuz, Katsav's attorneys presented new information that weakened the evidence.

"This was not an acrobatic turnabout or a wild and baseless U-turn, but rather an evolutionary process of continual erosion during months of dealing with the case," said the response, which included 152 clauses.

After the hearing, the sources said, Mazuz had to decide whether to go ahead and prosecute a case where numerous problems made conviction uncertain, and which would take a long time even if a conviction were obtained. Under these circumstances, he found himself in a dilemma: On one hand, a trial might end in an acquittal, but on the other, closing a case with such serious charges, even if the evidence was borderline, would be problematic.

At that point, the state was still leaning toward an indictment, but then the idea of a plea bargain was placed on the table. It was "bare-bones," but it would lead to Katsav's immediate conviction on nontrivial charges. The plea bargain option thus seemed better than either of the other two possibilities.

In its response to the High Court, the prosecution said that in addition to the difficulty in proving the allegations made by the second A., who worked under Katsav at the Tourism Ministry, the plea bargain was seen as advantageous because it would mean the president's immediate resignation, which had great symbolic importance. Moreover, it said, a quick confession and conviction, Katsav's acceptance of legal and public responsibility for his acts and his immediate retirement in disgrace from public life all sent a public message that laws against sexual offenders would be enforced, no matter how prominent the offender or how complex the case.

It therefore asked the High Court to reject the petitions against the plea bargain.

Earlier yesterday, the state asked the High Court to lift the gag order on the petition filed by A. from the President's Residence. The petition was submitted a few days ago by her attorney, Kinneret Barashi. The state said that it was important for the public to be able to see all the material and for a free discussion of the issue to take place. The High Court accepted the state's stand and released A.'s petition yesterday afternoon.

The petition revealed more intimate details of the relationship between A. and Katsav. Among other things, it said that Katsav's close friend, Uri Yoeli, who was often present at the President's Residence, asked to meet with her urgently one day. At this meeting, which took place in the lobby of the King David Hotel, Yoeli told her that he was Katsav's adviser and proposed that she become the president's lover. He explained that she would enjoy travel and promotions. A. said that she rejected Yoeli's offer in disgust.

A.'s confidante speaks out

A close friend of A. told Channel 2 yesterday that she had heard Katsav harassing her friend and threatening her.

Katsav last week signed a plea agreement sparing him rape charges after at least 10 women had accused him of sexual harassment and rape over the last year.

The friend said in a televised interview yesterday that A., who then worked at the President's Residence, had come to her apartment in Tel Aviv several times, when she "needed to escape her space."

"In those days she would receive endless phone calls" the friend recounted, saying that Katsav used to shout during those calls, so that she could easily recognize his voice and hear every word spoken.

"He would scream 'get back here, get back here, I will make your life miserable, you hear me?'" the friend said.

She added that the sheer number of calls shocked her and she asked A. about it later. A. responded "he's crazy, he loves me, he's not normal, let it go," the friend said.