Court insists alternative defense witnesses take stand when Netanyahu not testifying
Prosecutors argue testimony of law enforcement officials could ‘taint authenticity’ of Netanyahu’s subsequent testimony, but court rules pace of trial needs to be maintained
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The Jerusalem District Court rejected on Tuesday a request by the State Attorney’s Office seeking to delay testimony from additional defense witnesses in Prime Minister Benjamin Netanyahu’s criminal trial, while the premier himself is still in the process of testifying.
The court last week ordered Netanyahu’s defense team to bring other witnesses to testify on Tuesdays, after agreeing to cancel one of three scheduled hearings in which the prime minister was supposed to testify every week.
The move was seen as a way to keep the trial from being bogged down while still allowing Netanyahu more time for matters of state.
But prosecutors in the case argued to the court that having other witnesses testify on days when Netanyahu does not, would taint the premier’s testimony.
The prosecutors were referring to the list of possible defense witnesses proposed by the defense, who could testify instead of Netanyahu, which includes police investigators or other law enforcement officials.
The prosecution lawyers argued to the court that hearing the testimony of such a witness could “blemish the authenticity of his [Netanyahu’s] version of events,” since Netanyahu is yet to testify on issues and evidence which the law enforcement officials will speak about in their testimony.
Cross-examination of these witnesses by the prosecution would reveal to Netanyahu and his defense lawyers the prosecution’s line of investigation, allowing the prime minister to “adjust his version of events to the testimony of these witnesses while influencing the level of authenticity of his version [of events],” the State Attorney’s Office argued.
The court ruled on Tuesday to reject this argument, however, saying simply that “The need to advance the process does not allow acceding to the request, which would mean in practice reducing the pace of the trial to two days a week.”
Netanyahu’s trial over three graft cases began in 2020 and is now in its fifth year, with the prime minister’s testimony and cross-examination alone likely to take at least eight more months.
The court also rejected on Tuesday a request by the defense to cancel testimony by a police investigator scheduled for tomorrow, saying the reasoning provided by the investigator not to appear in court was not sufficient to grant the request.
Last Thursday, the Jerusalem District Court agreed to Netanyahu’s request to reduce the number of times he must testify in his criminal trial from three times a week to twice a week.
Netanyahu had made the request during a closed-door session of the court the previous week, telling the court that Israel was in the midst of an “historic turning point” and that changing security circumstances were having implications for the country’s very future.
Netanyahu told the judges that the “right balance needs to be made” between the needs of his trial and his prime ministerial duties,” adding that running the country and having three hearings a week in court was “not possible.”
The court ruled in Netanyahu’s favor, saying it was making its decision based on the information presented to it regarding “the timetable and constraints related to the job of defendant number 1,” in reference to the prime minister.
But a key part of its ruling was to have another defense witness testify every Tuesday so as to mitigate the reduced pace of the already extremely lengthy trial.
During Monday’s hearing, Netanyahu accused the heads of Mossad and Shin Bet of working against him, and claimed they were part of a “junta” against him.
Netanyahu’s defense attorney Amit Hadad was asking the prime minister about negative media articles against him on the Walla news website, ahead of the 2015 elections, including an opinion article by a former head of the Shin Bet.
“It’s not new that heads of the Shin Ben and Mossad are against me, they’re all part of the same word that begins with [the Hebrew letter] Heth,” the prime minister said, as cited by Ynet. He later clarified that he was referring to the word “junta.”
He also said those he was accusing of acting against him were “not only former officials,” indicating he believed current position-holders were part of such efforts as well.
Netanyahu has in the past claimed the “deep state” is persecuting him, including officials in the judicial system, law enforcement agencies and the media. He claimed on Monday in the Knesset that the “deep state” was conspiring to form a biased investigative committee of the October 7 disaster.
The Times of Israel Community.