Former judge Dan Cohen, who was recently extradited from Peru to Israel to stand trial on charges of accepting bribes while serving as a director of the Israel Electric Corporation, appealed to the Supreme Court to overturn the decision to keep him in custody until the end of proceedings.
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In the appeal filed Sunday, Cohen denied the prosecution’s claims that he had additional funds available that the state had not frozen. His attorneys, Eitan Maoz and Daniel Einav, noted that Cohen had been in contact with the prosecution since 2006 over an agreement for his return, which never reached fruition. Cohen claimed he was arrested four days after presenting the prosecution with an offer to close the final matter in dispute over his return from Peru, which did not have an extradition treaty with Israel. The Supreme Court will hear his appeal on Wednesday.
Cohen said the District Court erred in determining that his not returning from Peru over the years meant there were no guarantees he would appear for the rest of the legal process. “True, the appellant asked to take advantage of his rights completely and negotiate over the conditions of his extradition, but that was in preparation for the proceedings to be held against him once he returned, and not out of the intention of fleeing justice,” said his lawyers.
Cohen proposed a number of guarantees as an alternative to remaining in jail to guarantee his appearance at the trial. These include house arrest in a lawyer’s home and under the lawyer’s supervision; depositing his passport and a court order preventing him from leaving Israel; significant financial guarantees; third-party financial guarantees and electronic cuffs. “The appellant is old, 71, and the chance he will flee from supervised house arrest and abandon his financial and personal commitments is extremely small,” wrote his attorneys.