Court rejects claim it must coordinate Netanyahu’s testimony with Knesset speaker
Judges accept Knesset legal adviser’s argument that law applies to only witnesses, not defendants; Ministers Kisch, Sa’ar call to postpone PM’s appearance due to Syria developments
The Jerusalem District Court on Sunday rejected the claim of Knesset Speaker Amir Ohana that it must coordinate with him when setting the dates for Prime Minister Benjamin Netanyahu’s testimony in court for his criminal trial.
In its ruling, the court said that the law Ohana referred to in his filing related to an MK giving testimony as a witness, not as a defendant. Since Netanyahu is the defendant in the trial in question, the court is not required to consult with the Knesset speaker, the judges ruled.
The judges also pointed out that after an MK’s immunity from prosecution has been removed, or, in Netanyahu’s case, since it was never granted by the Knesset in the first place, the prime minister’s standing before the court is like any other person under indictment, meaning Ohana’s claims were not relevant.
Ohana alleged on Friday that the court’s failure to coordinate with him regarding the timing of Netanyahu’s testimony constituted a violation of the separation of powers.
Citing the Knesset Members (Immunity, Rights and Duties) Law, Ohana claimed in a letter to judiciary director Judge Tzachi Uziel that the court was required to seek the Knesset speaker’s consent for the timing of any lawmaker’s testimony. Ohana said the law was put in place to ensure that “one authority (the judiciary) does not interfere with the work of another authority (the legislature).”
But the Jerusalem District Court’s ruling rejected Ohana’s claim, accepting the argument made earlier Sunday by the Knesset legal adviser in her submission to the court.
Knesset legal adviser Sagit Afik argued that there was no legal requirement to coordinate Netanyahu’s upcoming testimony in his criminal trial with parliament.
In a nine-page-long opinion submitted to the Jerusalem District Court, Afik’s office argued that in cases in which lawmakers are defendants, there is no need for such consultation – although that would not apply to any additional MKs in the event that they would be required to testify later in the trial.
Netanyahu is now scheduled to begin his testimony in an underground room in the Tel Aviv District Court this Tuesday at 10 a.m.
In a separate decision, the court agreed to push back Netanyahu’s testimony on Wednesday from 10 a.m. to 14:30, as the prime minister had requested.
Paraguay’s President Santiago Peña is set to attend a ceremony at the Knesset on Wednesday that Netanyahu would have missed if he had needed to start his testimony at 10 a.m., as scheduled, something Ohana mentioned in his filing to the court.
Ohana’s accusation came after the court rejected Netanyahu’s request, due to the ongoing wars, to testify two days a week instead of three. Netanyahu’s testimony is set to start on Tuesday.
The prime minister is set to testify in an underground hall in the Tel Aviv District Court, after judges overseeing the trial last week approved a request to move Netanyahu’s testimony from the courthouse in Jerusalem, due to concerns for the prime minister’s security.
Opposition Leader Yair Lapid last week called Ohana’s arguments “bogus,” tweeting that: “Israel has a separation of powers and the court doesn’t have to coordinate anything with him.”
The opposition has accused Netanyahu of trying to indefinitely push off his potentially damaging testimony. The testimony comes after a series of delays stemming from the war against Hamas in Gaza and, until last week, against Hezbollah in Lebanon.
On Sunday morning, responding to this weekend’s sudden fall of the Assad regime in Syria, Education Minister Yoav Kisch called for a further delay in Netanyahu’s trial – tweeting that it should be postponed by three months because “in light of the dramatic changes, insisting on holding the hearing at this time would be wrong and impractical.”
Foreign Minister Gideon Sa’ar also called for Netanyahu’s testimony to be postponed, writing to Attorney General Gali Baharav-Miara that Netanyahu’s request was “reasonable” in light of recent events on Israel’s borders.
“As someone who sits in cabinet meetings, you are familiar with the security situation, including the recent dramatic developments in Syria,” Sa’ar wrote. “At this time, a heavy responsibility rests on the government and even more so on the prime minister. The state’s interest is to take this into account and allow optimal functioning for the good of the state and its security.”
Netanyahu is accused of fraud and breach of trust in three separate cases, including one in which he is also facing the more serious charge of bribery.
The premier is on trial for bribery, fraud and breach of trust in Case 4000, on allegations that he authorized regulatory decisions to benefit a telecommunications tycoon in exchange for more favorable media coverage on a news outlet owned by the businessman.
Netanyahu also faces fraud and breach of trust charges in two other cases. One, Case 2000, concerns allegations Netanyahu tried to obtain positive media coverage in the Yedioth Ahronoth newspaper in exchange for legislation curtailing its competitor, Israel Hayom. In the other, Case 1000, prosecutors say Netanyahu inappropriately received expensive gifts from billionaire benefactors.
The premier has consistently denied any wrongdoing in all three cases. He has claimed that the charges were fabricated in a witch hunt led by the police and state prosecution.
Nearly 50 percent of Israelis believe that Prime Minister Benjamin Netanyahu cannot function in an appropriate manner as a wartime prime minister while testifying in his ongoing corruption trial.
According to a recent Israel Democracy Institute poll, 48% of Israelis believe he cannot function while testifying, while 46% think he can.
While 49% of Jewish respondents believe the prime minister can function under the circumstances, their views are split along partisan lines, with 70% of left-wing respondents and 55% in the center saying he cannot function appropriately while testifying, versus 34% on the right.
Times of Israel staff contributed to this report.
