Sunday, February 11, legal adviser to the government away Mandelblit asked the police to postpone the publication of the recommendations of the Affairs of Benjamin Netanyahu.
This order Mandelblit motivated by the fact that attorney Yossi Fuchs appealed, arguing that the police have no legal authority to recommend anything after the investigation is completed.
Editorial NEWSru.co.il asked for a comment to the author of the appeal.
«Under applicable laws.the police have no right to recommend anything after the investigation is completed. The investigating authorities should refer the case to the Prosecutor’s office and its findings. But the conclusions is not a recommendation. Conclusions – this is the transfer evidence and evidence collected for each episode. Prisovokupleniem recommendations, the police puts a gun to his head legal adviser to the government actually dictating to him further steps,» the lawyer said Fuchs. He referred to the opinion of the late Supreme court judge Eliyahu Grapes, which criticized the police decision to recommend to file charges against Ehud Olmert when he was Prime Minister. «The judge Grapes said, then, that these recommendations are put uridicheskogo adviser to the government in a situation where the decision to close the case is his weak and indecisive».
Lawyer Fuchs rejected the assertion that the ban on podaa recommendations damage the right of society to free access of information. «The legislator not casually determined what legal adviser to the government has the right to take decisions on such cases. And the public has a right to know what decides the Prosecutor’s office that decides legal adviser to the government. If a legal adviser to the government wants to publish a social report, he has it right. Legal adviser to the government ensures the implementation of the right of society to know, not the police.»
Lawyer Fuchs recalled that at the time, the police advised to file a case against Avia Mandelblit, when he was appointed Secretary of the government. «Police recommended to judge him for his betrayal of public trust in the «case ACasa». The Prosecutor’s office skryla the case, but the fact of the recommendations of the police ldal rise to some public organizations to file lawsuits demanding to designate Mandelblit for the post of legal adviser to the government. Such situations are not uncommon and absurd. I can recall a lot of cases when because of the recommendations people were forced to leave certain posts, and then the cases were closed by Prosecutor’s office,» added Fuchs.
Our source, formerly known activist in the Likud, and now a member of the party «Bayt Yehudi» does not deny that acts on the basis of motives, which he described as ideological. «I have no relationship to Prime Minister Benjamin Netanyahu or his entourage, but I’m interested in the fact that the government of the national camp collapsed because of the recommendations of the police. To achieve this goal, I act by legal means. Eldad Yaniv wants the opposite – he wants the right-wing government collapsed, and hopes to use the recommendation of the police,» explained Yossi Fuchs.
On 12 February, the state attorney General’s office will submit its response to the appeal of Fuchs. «Currently, the legal adviser to the government stopped them. Depending on their answer will become clear whether the trial. And how to resolve the situation,» concluded Fuchs.
Recall that the police planned to publish recommendations on business 1000 and 2000 no later than February 13.