Deri seeks court order allowing him to bid for Jerusalem mayor

Former Shas Chairman petitions Jerusalem District Court to expunge moral turpitude clause preventing him from entering mayoral race from criminal record. Movement for Quality Government says will petition against any favorable ruling

Aviad Glickman|Published: 09.23.08 , 16:53

Former Shas Chairman Aryeh Deri, filled a petition with the Jerusalem District Court on Tuesday against Yakov Dahan, the capital's elections clerk, asking that the court order Dahan to sign off on his bid for Jerusalem mayor.

Deri announced he would be pursuing the capital's mayorship in early September. Deri who was convicted of bribery, fraud and breach of trust in 1999, was also cited with a moral turpitude clause in his conviction.

According to the Israeli code, anyone convicted of an offence carrying a moral turpitude clause is unable to run for public office for at least seven years, unless it is expunged form his record. Deri's petition seeks such a court order.

"With only weeks left before the elections, the petitioner has little choice but to ask the court to declare him a legitimate candidate for the Jerusalem mayoral race," said the petition, filed by attorneys Tzvi Agmon and Yoav Hirsch on Deri's behalf.

Deri, said the petition, asked that his name be put on the ballot despite the fact that the seven-year restriction derived from his conviction has yet to elapse. The elections clerk alleged response was that he could not guarantee Deri's name would be added, since he is not privy to the manner in which candidates are deemed fit to bid for the position. The clerk, added the petition, then suggested Deri appeal the matter in court.

According to Deri, not knowing whether or not he would be able to campaign for mayor left him in somewhat of a limbo. The former Shas chairman further claimed that since at the time of his

incarceration, the statute for moral turpitude limited one's ability to run for public office for six years – not seven as it does today – the court should apply the previous code to his case, making him eligible to run for mayor.

The Jerusalem District Court's ruling on Deri's appeal may also result in several High Court petitions, as several groups – including the Movement for Quality Government in Israel, the Ometz Association for proper public administration and Jerusalem City Councilman Sa'ar Netanel have announced they would file a petition to stop Deri's bid, should the court expunge the moral turpitude clause, or apply the six-year limitation period, allowing him to run for mayor of Jerusalem.