High Court strikes petition against Winograd
Court's decision follows agreement between both parties over warning letters; commission probing Second Lebanon War to send letters to those at risk of liability
The High Court ordered Tuesday the petition filed against the Winograd Commission, regarding its reluctance to issue warning letters, be stricken from the record.
The order came after the commission – which is investigating the Second Lebanon War – assured the court that it intends to issue warning letter to those who may be affected by its final report.
Former MK Avraham Poraz and chief military defense counsel Orna David petitioned the High Court four weeks ago, demanding it orders the commission to send out such letters, should its report include personal recommendations.
Attorney Zvi Agmon, who represented the commission in the hearing, asked to court to dismiss the petition, saying it was premature.
The commission has not made any decisions regarding those who may be named in the report, nor has it formed an opinion on the measures that may be taken against them, argued Agmon.
Given the commission's willingness to issue warning letters, the court's decision to eventually strike the petition form the record was acceptable on both parties.
Accordingly, the commission promised the court that each warning letters would include the nature of the allegation and the likely outcome, as well as the give those found liable the option to review the material.
Furthermore, those who wish to reappear before the commission would be able to do so – with or without legal council – and would also be able to present the commission with exculpatory evidence.
