Delay of Injustice
Justice system plagued by foot dragging in cases involving political figures
Justice system delays have become commonplace in our lives. Trials go on for years on end and court rulings are dragged on ad nauseam. Another dimension now obstructs law enforcement, further exacerbating inefficiency and hope. I propose naming this practice "Delay of Injustice."
A series of examinations, pre-investigations and investigations that end with no real legal ruling, but rather with a recommendation to complete the investigation. Namely, continued avoidance of indictments or closing files.
There are several such examples: One of the most prominent relates to the minister of strategic affairs, Avigdor Lieberman, whereby following years of investigations it has still not been decided whether to indict him and under what clauses.
Bank Leumi's foot dragging case
There's more foot dragging currently going on with regards to another affair – Bank Leumi's privatization.
With Benjamin Netanyahu's resignation from the Treasury and the appointment of Olmert in his place, the preparations for the privatization of Bank Leumi went into high gear. There were disputes among those involved in formulating the details and conditions of the tender.
The finance minister took an active role in the preparations and in the discussions: Some, such as the Finance Ministry Accountant General Dr Yaron Zelekha, argue that such involvement is fundamentally unacceptable due to conflict of interest and affiliation to possible tender candidates, or at least to one of them.
Yet there are those, such as the Finance Ministry's Director General Yossi Bachar, who argue that everything was carried out transparently, with complete integrity and professionalism. "At least in the meetings I attended," Bachar said.
Not as big as Enron
Either way, the State Comptroller's Office has begun examining Bank Leumi's privatization process executed a year ago. It’s not a particularly complicated examination; it doesn't match the scale of the Enron collapse in the US, or the backdating of share options at international technology companies.
Nonetheless, the initial findings of the examination were transferred to the state prosecutor only in June of this year, with a recommendation to at least launch a police investigation against then-Finance Minister and current Prime Minister Olmert.
Naturally, the prosecution asked for additional information. Once again, weeks elapsed, and only within the last few days has an "examination prior to the investigation" of the affair begun.
In the event that the prosecution uncovers suspicious findings, an official investigation will be launched. The official investigation, accompanied by a prosecuting team, will be dragged on for months and years.
Once in a while, new testimonies will be called upon and cross referencing and clarifications will be made. And naturally there will be time for a hearing.
It may be assumed that somewhere deep into 2009, the attorney general will rule one way or another - either indicting Olmert or dropping the case.
Never-ending investigations
And then, what would be the legal significance of such a ruling? What type of conclusions would the public draw from such a ruling at a distance of four years from the actual event? Who would quantify the level of damage the foot dragging has on the rule of law's power of deterrence?
Alternately, who would measure the personal suffering of not-yet-suspected ministers who would find it difficult to function and to make decisions under the heavy cloud of the never-ending investigation?
I am unable to count all the open examinations, investigations and pre-investigations in Israel's political and public arenas. Some bear a commencement date and date back years and some only began a year ago or six months ago. Yet none of them have an expiry date and they can therefore drag on for years and years, perhaps remaining on the shelves forever.
That's how the image of a "country under investigation" has been created; it is a harmful and distorted image. At least in the case of Bank Leumi there's no reason for dawdling; the facts are known and the evidence has been collected. A timely verdict by the attorney general is called for – either to indict Olmert or to close the case. Just not to drag it on forever.
