Olmert’s ex-prosecutor: Reasonable for Netanyahu to seek to face his accusers

A former top state prosecutor who led the case against former prime minister Ehud Olmert expressed support for Prime Minister Benjamin Netanyahu’s demand to be allowed to confront witnesses who have testified against him in three criminal probes.

“There needs to be very good reason not to hold a confrontation when a suspect requests a confrontation,” said Uri Korev.

Korev, who now has a private law practice, told the Ynet news site on Monday that in the past courts have sometimes exonerated defendants in cases where potentially relevant confrontations were not held — when the lack of such a confrontation was deemed an investigative failure on the part of authorities.

Korev acknowledged that no such defendant-witness confrontation had been held in the Olmert case, but said he believed neither party had requested one.

Olmert was eventually found guilty of accepting bribes and obstructing justice as a government minister and mayor of Jerusalem, and served 16 months in prison.

In a live statement on prime time television Monday evening, Netanyahu demanded that police allow him to confront his former aides and colleagues who have reportedly provided incriminating evidence in the three graft cases in which he is a suspect.

Speaking from a podium at the Prime Minister’s Residence in Jerusalem, Netanyahu said his requests to confront state witnesses were twice refused.

The state witnesses in the Netanyahu probes are his former chief of staff, Ari Harow; Nir Hefetz, a former media adviser to the Netanyahu family; and Shlomo Filber, the former Communications Ministry director general.

“I wanted to look them in the eye and throw the truth at them. I demanded it once and was refused. I demanded it a second time and was refused. Why was I refused this confrontation, that is so necessary to uncovering the truth? What are they afraid of? What have they got to hide?” Netanyahu demanded on Monday night.

He said he now again demanded to face his accusers, “as far as I’m concerned, on live TV.”

Legal officials, pundits and opposition leaders have dismissed his demand, saying that a confrontation between a suspect and witnesses during a police probe is an investigation tool that can — but doesn’t have to — be used by police, and isn’t a right to be demanded by the suspect. Suspects can confront the witnesses against them in court during cross-examination.

Army Radio on Tuesday quoted a “very senior official” in the State Prosecutor’s Office as accusing Netanyahu of trying to “deceive the public” over the issue and disrupt the criminal investigations.

“No suspect has any right to a confrontation [during a police investigation] and it is inappropriate to hold an unnecessary and damaging confrontation,” the official said.

Netanyahu is suspected of bribery in three cases, one of which involves gifts from wealthy associates, with the other two involving potential quid-pro-quo deals for regulatory favors in exchange for positive media coverage.

Netanyahu has long accused police, the media and the political left of pushing a conspiracy against him, and has denied any wrongdoing.

Netanyahu has also been vocal in recent days in his opposition to Attorney General Avichai Mandelblit’s reported intention to announce his decision on whether to summon the prime minister for a pre-indictment hearing before the April elections.

Media reports have indicated that Mandelblit seeks to announce his decision on a possible indictment, pending a hearing, in February.

Police have recommended that Netanyahu be indicted for bribery in all three of the probes. Mandelblit is the final authority on whether state prosecutors will ultimately press charges against a sitting prime minister.

Netanyahu has pushed for Mandelblit to hold back on releasing a decision to indict until after the election, citing the fact that a hearing process on the matter in which he would give his side of the story cannot be completed before the election.

Michael Bachner contributed to this report.