During today's hearing, the Defendants again asked to inspect the Prosecution's evidence against them. The Prosecution discussed with Judge Sagi scanning all such materials, which are voluminous in this case (blog posts, internet publications). However, the Prosecution asked to avoid providing the Defendants certain intelligence materials, based on exclusions provided in the Criminal Procedure Act.
The Israeli Criminal Procedure Act provides that no evidence shall be filed in court, unless Defendants were provided an opportunity to inspect and object to its filing, so that the Court would not be exposed to not permitted materials. Judge Sagi appeared to adhere to the law, by emphasizing that another judge would hear any objections that may be raised by the Defendants.
However, all such transactions should be viewed as a charade. Net-HaMishpat system provides the judges direct links to outside Israel Police investigation files prior to any inspection by the Defendants. It is just another fraudulent feature of the system, which provides judges numerous ways to circumvent the law.
Sealed or not sealed?
The confrontation regarding the attempt to run a closed doors hearing did not happen by chance. Earlier, requests had been filed with Judge Sagi to publish lawful sealing order and a lawful decision to hold closed doors hearings in this case. The requests had been filed since it was obvious that no such lawful records existed, and that Judge Sagi was acting lawlessly, violating the fundamental Human Right for a 'fair and public hearing'. In response to the requests, Judge Sagi issued evasive, invalid decisions, which were not even served on the Requester.
In open court, Judge Sagi blundered again, stating from the bench that until the designation of Defense Counsel is resolved, he would not make any decision regarding a gag order and closed doors hearings. However, at the end of today's hearing, Judge Sagi again implemented sealing on today's hearing protocol in Net-HaMishpat.
Widespread protest against corruption of the justice system
Today's events demonstrate conditions in the Israeli courts today, where judges routinely and deliberately disregard the law and are entirely unaccountable, even for fraud.
The Israeli Social Protest movement started in 2011 in response to unaffordable cost of living and growing poverty. The 2011 large protest wave has subsided, and the Social Protest has evolved into smaller, focused protest groups, which are dedicated to specific issues. The common thread to many or most of these groups today is protest against various aspects of corruption of the justice system. In response, the Israeli justice system is engaged in efforts to criminalize the leaders of such protest groups. The case of Lori Shem-Tov and Moti Leybel is a prime example of such trends. However, as shown here -- the criminal prosecution of social protest leaders often documents corruption of the justice system more clearly than ever.
Today's protest against corruption of the justice system is unheard of in the State's nearly 70 year history.
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Figures 2. Judge Benny Sagi of the Tel-Aviv District Court and State Prosecutors Meyrav Geva and Eliran Galili appear to collude in Fraud Upon the Court. The hallmark of such fraud is entering one version of the indictment in the court file, while serving a materially different one on the Defendants in jail.
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