AG to Sara Netanyahu's lawyers: reach a settlement or she'll stand trial
Avichai Mandelblit said to have issued ultimatum after disagreement between defense and prosecution teams caused a deadlock over sum of money Mrs. Netanyahu should be obliged to repay in Residence Affair before discussions even begin on out of court settlement.
Attorney General Avichai Mandelblit recently sent an ultimatum to the defense teams representing Prime Minister Benjamin Netanyahu’s wife, Sara, warning that he would indict her if a settlement out of court was not reached with the prosecution over her role in what is known as the “Residences affair.”
Reports that surfaced on Israeli television earlier on Sunday said that Mandelblit has already to arraign Mrs. Netanyahu for fraudulently accepting services under aggravated circumstances, despite attempts by her defense attorneys to convince him not to indict her
Last month, her defense attorneys held discussions with the Jerusalem District’s Attorney’s Office in an attempt to hammer out a settlement outside court.
Mandelblit made the settlement dependent on the fulfillment of two conditions: First, Mrs. Netanyahu would be required to pay back into the state’s coffers a specified amount of the hundreds of thousands of shekels she allegedly fraudulently used under aggravated circumstances in the case.
Second, only then would discussion on a legal settlement be held according to which Mrs. Netanyahu would be required to confess to some of the allegations against her, or take responsibility for her actions in order to avoid standing trial.
Channel 2 news reported that Mrs. Netanyahu would be required to pay a minimum of NIS 200,000, while her defense teams said that she was prepared to pay NIS 50,000.
With the impasse that ensued as a result of the discrepancy, Mandelblit intervened, instructing the two sides to reach an agreement in the coming days.
Mrs. Netanyahu’s attorneys reportedly had a difficult at the beginning of May convincing Mandelblit and State Attorney Shay Nitzan and their legal teams not to indict her on a corruption probe known as the "Residences affair.” on condition that she pay a fine instead.
Until the attorney general reaches a decision on whether to indict the premier's wife, both parties will attempt to bring the investigation into her alleged impropriety surrounding her conduct at the prime minister's official residence to an end, with an admission to most of the details in the draft indictment and a sizeable fine paid to the state's coffers. However, Mrs. Netanyahu will not accept responsibility for the offenses.
On 2 May, 2018 Mrs. Netanyahu’s legal team headed by Attorney Jacob Weinroth visited the Attorney General’s office in an attempt to persuade
the heads of the prosecution teams not to serve an indictment against their client.
The defense teams justified their request on legal grounds: “Mrs. Netanyahu had no awareness she may have been committing criminal offenses," they said.
She had placed her trust with the finance and administration officials of the Prime Minister's Residence and Prime Minister's Office, they claimed, and did not delve deeply into the details of how her orders were being carried out.
It is for that reason, they argued, that she had committed no offenses and did not encourage anyone to commit them a crime. In addition, since Mrs. Netanyahu is not a public servant, she was not aware of the regulations limiting her in ordering meals from restaurants and chefs, they claimed.
Lastly, Netanyahu's attorneys claimed that since she was not a public servant, Mrs. Netanyahu could not be charged with fraud and breach of trust.
At the end of the two parties' discussion, it came to light that the prime minister's wife could still bring the affair to a close before going to court through a "conditional settlement," in which Mrs. Netanyahu will admit the details of the indictment, but not her culpability. She will also accept, according to the settlement, a punishment such as a fine, a suspended sentence or community service.
A senior legal official clarified that, "The draft indictment against Sara Netanyahu was prepared with a heavy heart, but it was supported by evidence and it was detailed. There is also a state witness against her, (former Prime Minister's Residence caretaker) Meni Naftali, who can testify and corroborate evidence.
"The affair cannot end without ramifications," the official added, "and it's inconceivable for Mrs. Netanyahu to wriggle out of the matter without accepting responsibility for her actions."
Attorney General Mandelblit announced last September he was considering indicting Sara Netanyahu for fraudulently obtaining benefits under aggravated circumstances, fraud and breach of trust on the meal orders investigation.
According to suspicion, from the beginning of September 2010 at the latest and until March 2013, Sara Netanyahu acted in conjunction with former deputy director-general of the Prime Minister's Office Ezra Saidoff, to create a false impression according to which no cook was employed at the prime minister's official residence in Jerusalem.
The pair allegedly colluded to circumvent regulations that stated that if no cook was employed at the official residence, "prepared cooked food could be ordered to the residence according to need."
In so doing, the pair supposedly sought to obtain state financing both for employing the cooks working at the residence and for ordering ready made meals and chefs to cook at the residence.
Funding for hundreds of meals from chefs and restaurants was thus allegedly obtained, costing the public NIS 359,000.
