Netanyahu to take stand on Dec. 10 after court okays partial delay of graft testimony

Jerusalem District Court agrees to postpone prime minister’s testimony for 8 days, on the back of a pledge by his defense team that this will be the last such request

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

Prime Minister Benjamin Netanyahu seen at the Jerusalem District Court arriving to listen to testimony by businessman Arnon Milchan, as part of Netanyahu's corruption trial, June 28, 2023. (Marc Israel Sellem/POOL)
Prime Minister Benjamin Netanyahu seen at the Jerusalem District Court arriving to listen to testimony by businessman Arnon Milchan, as part of Netanyahu's corruption trial, June 28, 2023. (Marc Israel Sellem/POOL)

The Jerusalem District Court granted Prime Minister Benjamin Netanyahu an eight-day postponement of his scheduled testimony in his ongoing criminal trial Tuesday, agreeing in part to a request by his defense team for 15 extra days.

Netanyahu had been scheduled to begin testifying regarding all three graft cases he is on trial for next Monday, but will now begin his testimony on December 10, the court decided.

The prime minister’s defense team requested the delay earlier this week due to concerns they would not be able to prepare for the landmark appearance in time due to Netanyahu’s intense schedule as he deals with wars Israel is fighting in Gaza and Lebanon.

That request by the defense came on the back of a previous request earlier this month for a two-and-a-half-month delay, which the court rejected outright, stating that it had given the prime minister ample time to prepare when it set the date for his testimony back in July.

The State Attorney’s Office said on Monday that it was opposed to any further delay.

In their decision announced Tuesday, the three judges said the circumstances of the situation had not changed since they rejected the initial request.

Prime Minister Benjamin Netanyahu arrives at the Jerusalem District Court to listen to video testimony from businessman Arnon Milchan in the prime minister’s corruption trial, June 27, 2023. (Oren Ben Hakoon / Flash90)

Despite that, and “not without doubts,” the judges agreed to the request in part owing to the defense team’s pledge not to request any further delays.

The court still needs to decide on security arrangements for Netanyahu’s testimony from the witness stand, given that the Jerusalem District Court does not have bomb shelters.

The State Attorney’s Office requested on Monday that the Israel Court’s Administration and the Shin Bet present the options for these arrangements to the court by Wednesday, for it to make a decision for how Netanyahu will be able to securely give testimony.

Unless other arrangements are made, Netanyahu could be in court for several weeks on end for the bulk of the working day.

In light of this pending reality, a group of lawyers petitioned the High Court of Justice asking it to order Netanyahu to recuse himself from office for the duration of his testimony in court.

The High Court on Monday ordered Netanyahu and Attorney General Gali Baharav-Miara to respond to the petition by December 1.

The prime minister has been charged with fraud and breach of trust in two cases and with bribery, fraud and breach of trust in a third. He was indicted in January 2020, and a trial encompassing all three cases began in May of that year.

Netanyahu has consistently denied any wrongdoing and has claimed that the charges were fabricated in a witch hunt led by the police and state prosecution.

Netanyahu has so far not taken the stand, though he has appeared in court on a handful of occasions.

The trial has faced criticism over its slow pace. As things stand, the proceedings, including a potential appeal to the Supreme Court, are seen as unlikely to end before 2028.

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