B. Ludicrous petition, pertaining to the purported authority of the Attorney General and the State Attorney to pervert expert witness affidavit in a murder case
The matter, which is under review in the petition, is ludicrous to start out. In Roman Zadorov murder trial in the Nazareth District Court, the Prosecution claimed that Zadorov confessed the murder of 13.5 Tair Rada, and that he confessed that he perpetrated the murder using a Japanese cardboard knife. Zadorov denied that he had ever confessed the murder, but judges of the Nazareth District Court have purportedly decided that he had confessed. The knife had never been discovered.
However, senior forensic medicine expert Dr Maya Forman testified in the Nazareth District Court that the murder was not perpetrated using a Japanese cardboard knife at all, but a serrated knife. Her testimony seriously undermined the integrity of the Prosecution's case.
To counter Dr Forman's testimony in the Nazareth District Court, the Prosecution claimed in that Dr Chen Kugel, Head of the National Forensic Medicine Institute, supported their position regarding the murder tool. However, the Prosecution failed to have Dr Kugel take the stand, and also failed to file an affidavit on his behalf.
Regardless, the Nazareth District Court purportedly accepted Dr Kugel's hearsay testimony.
The State Prosecution did not stop at that, but issued an instruction that Dr Forman was no longer permitted to provide expert forensic opinions in the courts.
In response, Dr Forman filed a separate lawsuit, claiming employment discrimination. In an effort to defend State Attorney Shai Nitzan's conduct, State Attorney's office asked Dr Chen Kugel to file an affidavit, supporting the purported fallacy of Dr Maya Forman's testimony in Roman Zadorov's trial in the Nazareth District Court, and also supporting their decision to prohibit her appearance as an expert witness in the courts.
However, Dr Kugel produced an affidavit to the opposite effect: Supporting Dr Forman's testimony in favor of Roman Zadorov in the Nazareth District Court, and also opposing the retaliatory actions against her by the State Attorney Shai Nitzan. The State Attorney's office was obviously unhappy with Dr Kugel affidavit, and tried to pervert it. However, Dr Kugel refused to change the affidavit, which eventually was also filed in Zadorov's Supreme Court appeal.
Later, in a media interview, Dr Chen Kugel stated that he was afraid of retaliation by the State Attorney against him as well...
Figures. Dr Chen Kugel, Director of the National Forensic Institute, refused to pervert his affidavit, pertaining to the Roman Zadorov case, regardless of pressure by senior State Attorney's office. Attorney General Avichai Mandelblit and State Attorney Shai Nitzan hold that they are permitted to change affidavits of state employees, in order to better serve the state position in court.
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Figures. Attempted perversion of Dr Kugel's affidavit. Top: Dr Kugel's affidavit regarding the knife used in the murder of Tair Rada and Dr Maya Forman's testimony in Roman Zadorov's trial, with "corrections" by a senior State Attorney staff member, Attorney Dorit Drori Yifrache. Center: July 29, 2014 email from Attorney Dorit Drori Yifrache to Dr Chen Kugel, which accompanied the "corrected" affidavit, concludes: "The authority to determine, which are the relevant positions to be included in court records, which are filed in court, is held by the Attorney General and his designees, and not by each individual state employee." Bottom: July 29, 2014, response email from Dr Chen Kugel to Attorney Dorit Drori Yifrache of the State Attorney's office concludes: "My position remains as stated in my original affidavit, which was filed this morning with your office."
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