During yesterday's hearing in the Jerusalem District Court, state witness Shlomo Filber concealed the details he gave in his testimony to the police as part of Case 4,000 - which may harm the prosecution's claims, as it relied on his testimony for a significant portion of the indictment against Benjamin Netanyahu.
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This morning (Thursday), Nissim Mashal and Guy Peleg spoke on their show on 103FM with criminal law expert, attorney Shashi Ges, who claimed that it is possible to talk about the case in terms of collapse, and said: "It is very difficult to base a defense only on dates, but here you are talking about accuracy. When to believe this witness?" Attorney Ges: "You can already start talking about Case 4000 in terms of collapse. The prosecution built a lot on this witness, he is its most significant witness in the case and the most significant case in all of Netanyahu's cases. After all, the whole story was built on the meeting, whether it happened or not. "The former prime minister claims 'there was no such meeting at all, I never told him,'" Attorney Ges emphasized. "Mr. Flaiber comes and says 'it happened and it happened.' The state set these dates without a choice, and in my opinion it made a serious mistake in writing the dates, because they are very critical when this meeting took place. It should have been two or three days, according to him, because after that he met Eli Kamir. And here it is, the defense comes, what the prosecution was supposed to do - and hits him in shock, hits for the state and tells him: 'There was no such meeting. You yourself are in the evidence.'" The attorney was asked whether the court could now come and say: 'If the meeting was not on time, we cannot determine that there was a meeting at all.' The attorney explained: "It is very difficult to base a defense only on dates, especially when it comes to how many years have passed and passed, they have passed away. But here you are not talking about dates, you are talking about accuracy. Here you are talking about precise dates, meaning he says that on these dates he met him, and a few days after that he met the others - and therefore it is not just a tight schedule. You tell him who to believe, when to believe him." In light of these things, is the court expected to cancel the testimony? Attorney Gez: "A court can always come and say that he was only wrong about the dates. So there will really be a problem for the defense, but here we are talking about one witness who tells the most essential story in the case and I ask you - when should we believe him? In the first testimony to the police?""
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On the possibility of the case collapsing - he said: "In terms of collapse, you can talk. I'm not one of those who rush to come and say based on one testimony that the case collapsed. Only in the movies does a case collapse within an hour or a day, we're in a long trial, you have to examine every moment until the end of the race. This testimony is seriously damaging, I don't know how the prosecution will continue. The state should have asked itself the question: 'How are we being negligent - examine yourselves well, do your homework.'" When asked whether Filber's testimony might raise doubts among the judges that would be enough to acquit Netanyahu - Attorney Gez replied in the affirmative: "Absolutely yes. Every criminal offense must be proven beyond a reasonable doubt. Not even a witness has given them to this day, gentlemen. We're talking about Netanyahu's awareness. Did he ask anyone? We don't have a single witness so far and the only witness who was supposed to give it to this day is Filber, and yesterday he didn't give it.".