Court rejects Netanyahu request to testify only 2 days a week in corruption trial
Netanyahu’s lawyers claim request for more court hours is unfairly creating difficulties for the premier; prosecutors say it’s in public interest to finish graft proceedings ASAP
Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter
The Jerusalem District Court on Thursday rejected Prime Minister Benjamin Netanyahu’s request to testify in his criminal defense trial two days a week instead of three, a request he made due to his busy schedule, security meetings, and the need for communication with officials abroad amid the ongoing multifront war.
The decision came as Netanyahu’s defense team accused the State Attorney’s Office of unfairly creating difficulties for the premier, charging that its opposition to him testifying two days a week was unjustified based on other criminal trials currently underway.
The premier’s defense team and prosecutors filed dueling requests regarding the pace of Netanyahu’s testimony, which is set to begin on Tuesday, December 10.
The court did, however, agree to Netanyahu’s request to start the hearings only at 10 a.m. and not 9 a.m., although it ruled that the hearings would run until 4 p.m. and not 3 p.m. as the prime minister had sought.
“The request is denied since we have not found a convincing reason to deviate from previous, similar decisions on the same issue,” the court ruled.
The judges added that they would consider allowing breaks during Netanyahu’s testimony if there was a “justified reason” to do so, as and when such issues arise, to address the prime minister’s need to carry out his functions as premier.
The court also ruled that one scheduled hearing in the second week of Netanyahu’s testimony on December 15 would be canceled so that he would only need to appear in court three times, instead of four. Likewise, a hearing scheduled for December 25 was canceled due to the needs of the Tel Aviv District Court, meaning there would only be three hearings that week as well.
There will also only be two hearings next week, when Netanyahu will first take the stand, since the start date for testimony, December 10, falls on a Tuesday.
The prime minister will testify in an underground hall in the Tel Aviv District Court after judges overseeing the trial on Tuesday approved a request to move Netanyahu’s testimony from the courthouse in Jerusalem due to concerns for the prime minister’s security.
That decision came following a recommendation from the Shin Bet and Courts Administration as they considered protective measures for the next few weeks.
Before the Thursday ruling, Netanyahu’s lawyers filed a petition to the Jerusalem District Court pointing to a major corruption case against Ronel Fisher, an attorney, and former head of the State Attorney’s Office in Tel Aviv Ruth David, in which the prosecution agreed to reduce the number of days of testimony to two a week, instead of three. Fisher was first arrested in 2015.
The prime minister’s defense team said that there were no similar cases around the country in which the defendant had to testify more than twice a week, and asserted that the State Attorney’s Office was trying to harm Netanyahu’s defense.
“For some reason, the prosecutor is rushing only in this case, and only when it harms the prime minister’s defense,” his lawyers told the court.
“It’s hard to credit the claim of equality before the law when what the prosecutor is asking for is the exact opposite of equality. To rush the prime minister beyond all logic and beyond what is acceptable, with the aim of harming his defense.”
The prosecution has contended that it is in the public interest for Netanyahu’s trial, soon to enter its fifth year, to conclude as quickly as possible, and argued that accepting the prime minister’s request would mean he would only be testifying for nine hours a week.
“The public interest in this case requires striving for the trial to conclude as quickly as possible in order to protect the public interest, the fairness of the process, and the fundamental principle that everyone is equal before the law,” argued the State Attorney’s Office.
The prosecution also expressed concern over a request made by Netanyahu to speak with the judges in a closed-door session at the beginning of his testimony, saying the request lacked any reasoning as to why the court should agree to the request. If the reasoning were explained, the prosecution could then address it, the State Attorney’s Office told the court.
Meanwhile, the High Court of Justice rejected a petition on Wednesday requesting that Netanyahu be forced to recuse himself from his position for the duration of his testimony, saying the request was political rather than judicial in nature and that the petitioners had not supplied enough factual evidence to back their request.
Netanyahu is set to begin testifying on December 10 after a series of delays stemming from his administration of the war against Hamas in Gaza and, until last week, against Hezbollah in Lebanon.
He 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.
Netanyahu has consistently denied any wrongdoing in all three cases, which revolve around allegations of gift-taking and attempts to parlay his official powers for more flattering media coverage. He has claimed that the charges were fabricated in a witch hunt led by the police and state prosecution.
The Times of Israel Community.