Justice Minister Yariv Levin announced today (Tuesday) that he intends to assign the task of investigating the "Yemen Field" affair to retired judge Asher Kola - who gave his consent to the move.
Levin announced this in a letter he sent to the acting Civil Service Commissioner, Prof. Daniel Hershkowitz - because assigning the position requires consultation with him.
In the letter, Minister Levin states that the appointment of retired Judge Kola is required, as Attorney General Gali Baharav is prevented from addressing the issue.
""After considering the matter seriously, and after receiving his consent to accept the said position, I intend to assign the position to the Ombudsman for Judges, the Honorable retired Judge Asher Kola, in such a way that the Commission will provide him with all the services required to perform the position," Levin wrote to the Civil Service Commission.
He added: "I believe that the Ombudsman for Judges, both as an institution and personally, is responding in the best possible way to what is required in this case. His appointment will gain broad public trust, which is necessary in the circumstances we find ourselves in.".
A statement from the Ombudsman for Judges states: "Regarding the Ombudsman for Judges, retired Judge Asher Kola, to the Minister of Justice's letter to the Acting Civil Service Commissioner: 'The Commissioner does not express a position on the issue of the motivations of the Legal Advisor to the Government or on the issue of the Minister's authority. The Commissioner agrees to accept the role to the extent that it is decided to assign it to him, subject to all law.'".
Justice Minister Levin sent a letter to the Attorney General on Saturday, in which he forbade the advisor from engaging in the investigation. He said that the attorney general has a conflict of interest and therefore should refrain from engaging in the case.
In response to Levin, Bahrav-Miara said: "Your political interference in the investigation is improper, baseless, and detrimental to it. Your letter lacks any factual or legal foundation. It constitutes an attempt to unlawfully interfere in investigation and enforcement procedures. You do not have the authority to take away from the Legal Advisor to the Government the enforcement powers discussed in the letter and transfer them to another civil servant.".
In the legal system, criticism is growing against the Attorney General for not transferring the management of the investigation to another entity.
Senior officials in the Attorney General's Office are calling on the Attorney General to relinquish the lead on the investigation - and to avoid a confrontation with the Minister of Justice. Bahar-Miara and Levin are not expected to reach an agreement, so it is likely that the issue will end up before the High Court of Justice.
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