State Attorney’s Office opposes PM’s new request to delay testifying in his trial
Defense is seeking 15-day delay, citing lack of opportunity to prepare for testimony, but prosecution says PM’s legal team has had 5 months; testimony set to begin Dec. 2
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The State Attorney’s Office informed the Jerusalem District Court on Monday that it opposes Prime Minister Benjamin Netanyahu’s latest request to delay the start of his testimony in his criminal trial by 15 days, insisting that he has been given enough time to prepare.
Netanyahu’s defense team requested the delay on Sunday, telling the court that it has been unable to properly prepare the prime minister to begin his testimony by December 2 as scheduled, due to the pressures of his timetable.
Netanyahu’s lawyers said that they and the prime minister have made “a supreme effort” to prepare, including daily meetings at very late hours.
“Despite this supreme effort, the defense is not prepared, and will not be able to meet the goal of being prepared, for beginning the defense by December 2,” Netanyahu’s defense team said, asking for the start date to be pushed to December 17.
His lawyers also said that preparations were further encumbered by the decision by the International Criminal Court on Thursday to issue an arrest warrant for Netanyahu for war crimes and crimes against humanity.
The State Attorney’s Office responded Monday, saying that it is in the public interest for the defense in Netanyahu’s protracted criminal trial to begin as quickly as possible.
The office said that his request lacked “substantive explanations for a change in circumstances” since the court already rejected the earlier request, telling Netanyahu’s lawyers that he had already had five months to prepare since the start date was set in July.
The State Attorney’s Office also requested that the court complete its consultation with the Shin Bet domestic security service for security arrangements for the prime minister while he gives testimony.
The Jerusalem District Court does not have bomb shelters or bombproof spaces. Netanyahu’s legal team has requested a solution for this problem given the ongoing war and bombardment by Hezbollah from Lebanon.
The State Attorney’s Office requested that the Israel Court’s Administration and the Shin Bet present the options for these arrangements to the court by Wednesday.
Also on Monday, the High Court of Justice ordered Netanyahu and Attorney General Gali Baharav-Miara to respond to a petition requesting that the prime minister be ordered to recuse himself from office by December 1, the day before his testimony is scheduled to begin.
The petition seeks to have Netanyahu recuse himself from office for the duration of his testimony in court, which is expected to last several weeks. He will likely need to testify four days a week, unless other arrangements are approved.
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 the trial 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. As the main defendant, Netanyahu is scheduled to be the first person to face cross-examination as the defense presents its witnesses in the three cases.
The trial has faced criticism over the slow pace of proceedings. As things stand, the proceedings, including potential appeals, have been seen as unlikely to end before 2028-2029.
