High Court judges note legal problems with Levin’s pick to oversee Sde Teiman probe

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

Judge Asher Kula at the Nazareth District Court, June 7, 2022. (David Cohen/Flash90)
Judge Asher Kula at the Nazareth District Court, June 7, 2022. (David Cohen/Flash90)

Judges at the High Court of Justice raise a significant difficulty with Justice Minister Yariv Levin’s appointment of State Ombudsman for Judges Asher Kula to oversee the criminal investigation into the Sde Teiman video leak affair, pointing out that the law for the ombudsman for judges explicitly bars him from any other role or job.

“The problem is that as ombudsman there is a clause in the law which says he can’t do any other job, either directly or indirectly,” points out Judge Yael Wilner.

Judge Alex Stein backs up his colleague, saying that whereas the law allows for other officeholders having another role, “in our situation… the legislature did not allow the ombudsman for judges to deal with anything else.”

Wilner also asserts that the ombudsman for judges has an apparent conflict of interest in overseeing a criminal investigation and prosecution, since he could potentially file an indictment that would be dealt with by judges over whom he has authority as ombudsman.

Zion Amir, representing Levin, nevertheless tells the judges that “any decision you make against the appointment of Asher Kula will undermine trust in the law enforcement system,” and receives applause from sections of the audience in the courtroom.

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