Police: Indict Katsav for rape

Attorney General Menachem Mazuz is expected to decided within two to three weeks to indict President Moshe Katsav for sexual offenses and other crimes, including personal corruption. The expected charges include an allegation that has not yet been publicized: using state funds to buy personal gifts.

Although the actual indictment is not expected for a few more months, police and prosecution officials said yesterday that they consider an indictment to be a fait accompli.

A report summarizing the police inquiry, which was handed to Mazuz and State Prosecutor Eran Shendar yesterday, indicates that in addition to the three investigations of Katsav's alleged misconduct that have already been reported - regarding sexual offenses, improper clemency procedures and illegal wiretapping - the president is also suspected of having dipped into state funds for several years to pay for dozens of personal gifts to associates that were worth hundreds of shekels each.

Police have found sufficient evidence on this matter to charge him with fraud and breach of trust.

Mazuz will not make a final decision on the indictment before holding a hearing at which Katsav can argue his innocence. Before this hearing can take place, Mazuz will need to give Katsav's attorney a few months to go over the investigative material and prepare their case. Mazuz is expected to refuse any plea bargain or agreement under which Katsav would agree to retire from public life in exchange for the case against him being closed or certain charges being dropped. In any case, Katsav can be expected to resign as president due to public pressure.

The police recommendations submitted yesterday did not refer to the possibility that senior officials at the President's Residence other than Katsav, or some of the president's other associates, could also be indicted. Several of his associates were questioned on suspicion of involvement in some of the illegal activities of which Katsav is accused. Police are expected to submit recommendations regarding Katsav's associates within the next few days.

Katsav suspected of raping two women

The bulk of the evidence against Katsav relates to the sexual offenses of which he is accused. Police have found evidence that Katsav raped two women: the principal complainant, a former President's Residence employee identified only as A., and another woman, also identified as A., who worked under Katsav while he was minister of tourism. Police have also found significant evidence linking Katsav to forcible indecent acts, nonconsensual indecent acts and sexual harassment.

Investigators have collected a large amount of evidence to support the contentions of the women who accused Katsav of rape, but the evidence is purely circumstantial, including testimony from family members and friends of the women who were told of the incidents at the time. Police concluded on the basis of this evidence that the women were credible witnesses. But despite their efforts, police were unable to locate more tangible evidence, such as semen stains, that would support the complainants' contentions.

Police have not found sufficient evidence to charge the principal complainant with attempting to blackmail Katsav.

Altogether, there appears to be sufficient evidence to indict Katsav for sexual offenses involving five women. Additional complainants are expected to be summoned to testify against him at his trial to reinforce the argument that Katsav had a specific modus operandi in relation to women.

Police have also found sufficient evidence to indict Katsav on charges of illegal wiretapping: He was found to have installed equipment on telephones that allowed him to listen in on the conversations of President's Residence employees. However, there is insufficient evidence to charge him with improprieties in the clemency procedure.

Katsav is also suspected of obstructing justice and harassing a witness. Both Katsav himself and his associates allegedly exerted pressure on several of the women who accused him of sexual offenses. However, the investigation of this matter has not yet been completed, and police will question the president once more on the issue.

"There are a few people who felt themselves to be under pressure, from Katsav himself and from his people," said a senior legal official familiar with the case.

Police sources said that parts of Katsav's testimony, which he provided during five days of questioning, were baseless.

Mazuz, who has been personally following the investigation of the president, has already read some of the key witness testimony in the case and is expected to adopt most of the recommendations made yesterday by the head of the police investigations and intelligence division, Major General Yohanan Danino, and the head of the task force that investigated the case, Brigadier General Yoav Segalovich. However, the police still have to tie up a few loose ends in the various investigations.

The Jerusalem district prosecution has spent the last few weeks analyzing the evidence collected thus far and is preparing an opinion for Shendar and Mazuz. It is also working on a draft indictment against Katsav.

However, Justice Ministry officials stressed that much work remains to be done. "The work of the prosecution is expected to continue over the next few weeks," said one.